Detailed Answer
Under Alaska law, the personal representative must notify creditors and debt collectors of the decedent’s estate. Alaska Statutes 13.16.207 and 13.16.208 outline the two main notice procedures: publication notice and mailing notice.
1. Publication Notice
Within 30 days after appointment, the representative must publish a notice to creditors once a week for six consecutive weeks in a newspaper of general circulation in the judicial district where the decedent resided (AS 13.16.207). The notice must include:
- The name of the decedent.
- The court and case number.
- The representative’s name and address.
- The deadline for filing claims (four months after first publication).
2. Notice to Known or Reasonably Ascertainable Creditors
The representative must also mail or deliver notice to each known or reasonably ascertainable creditor within 30 days after appointment (AS 13.16.208). “Known creditors” include those identified through the decedent’s records, such as medical providers and debt collectors. Proof of mailing must be filed with the court.
3. Deadline to File Claims
Creditors must present claims before the later of:
- Four months after the first date of publication.
- Thirty days after personal notice is mailed.
Late claims may be barred unless the court allows an extension for good cause.
4. Medical Debt and Hospital Liens
Medical debt collectors follow general creditor rules. However, Alaska recognizes hospital liens on patient property under AS 09.10.180. These liens secure payment directly from proceeds of estate property.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Compile a complete list of creditors from records and billing statements.
- Verify creditor addresses before mailing notice.
- Keep proof of publication and mailing for court records.
- Monitor the four-month and 30-day deadlines closely.
- Consult an attorney if a creditor contests the notice or a claim.