Detailed Answer
When a decedent dies and no probate case exists in Alaska, you must open an estate proceeding under Alaska Statutes Title 13.06. Follow these steps to initiate the process correctly.
1. Choose the Proper Court
File your petition in the Superior Court of the judicial district where the decedent was domiciled at death or owned real property. See AS 13.06.020 (link).
2. Prepare the Petition
Draft a petition for letters testamentary (if there’s a will) or letters of administration (if intestate) under AS 13.06.010 (link). Your petition should include:
- Decedent’s full name, date of death, and last address
- Names and addresses of all heirs and devisees
- Estimated value and description of assets
- Name(s) and address(es) of the proposed personal representative(s)
3. File the Petition
Submit the completed petition to the court clerk, attach a certified copy of the death certificate and the original will (if available), and pay the required filing fee.
4. Provide Notice to Interested Parties
Serve notice of the petition on all heirs, devisees, and any nominees under AS 13.06.070. After the personal representative’s appointment, publish notice to creditors as required by AS 13.16.340 (link).
5. Appointment and Bond Requirement
At the hearing, the court will appoint your chosen personal representative and issue letters. The appointee must file a bond unless waived by the will or court order under AS 13.06.080 (link).
6. Consider the Small Estate Affidavit Option
If the estate’s net value falls below the threshold set in AS 13.16.010 (link), you may use a simplified small estate affidavit process instead of a full probate proceeding.
Helpful Hints
- Verify the decedent’s domicile to ensure proper venue.
- Use the local court’s probate forms for accuracy.
- Order multiple certified death certificates early in the process.
- Prepare an itemized inventory of all known assets.
- Keep detailed records of all served and published notices.
- If the estate is complex or high‐value, consider consulting a probate attorney.
Disclaimer: This article provides general information on Alaska estate proceedings and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.