Alaska Court System Self-Help

Any suitable individual 19 years or older. An organization, such as a bank or trust company, may also serve as the Personal Representative.

Alaska law lists the order of who may be appointed the personal representative based on highest to lowest “priority.” The order of priority depends on whether the person who died left a Will.

If the person who died left a valid will, the order of priority is:

1. A person named as the personal representative in the Will of the person who died.
2. The spouse of the person who died if they are named in the Will to receive property.
3. Any person who is named to receive property under the Will.
4. The surviving spouse of the person who died if the Will did not name their spouse to receive property.
5. Any heir of the person who died.
6. Any creditor of the person who died if it has been 45 days since the person's death.

If the person who died did not leave a valid will, the order of priority is:

1. The surviving spouse of the person who died.
2. Any heir of the person who died.
3. Any creditor of the person who died if it has been 45 days since the person's death.

If you want to appoint a Personal Representatives who does not have priority but the parties with higher priority do not consent, you can file a petition for formal probate.

There may be some things that you cannot do unless there is an open probate case in court. Opening a probate case can give you legal authority to take some actions as the Personal Representative. If the person who died set up their finances, accounts, and assets so that they automatically transfer to named beneficiaries upon death, you may not need to open a probate case. So it really depends on whether you need authority from the court to take actions or access information about the estate of the person who died.

No. Sometimes people who have priority to serve as the Personal Representative for an estate do not want to serve and instead want to nominate someone with equal or lower priority to be the Personal Representative. You may tell the court in writing that you do not want to serve. In that case, the person with the next-highest priority may serve as the Personal Representative.

Yes, if each person who has higher priority agrees to nominate you to be the Personal Representative. Each person who has equal or higher priority over the nominated person must consent to the nominated person being the Personal Representative by filling out and each completes a:

• Nomination for Appointment of Personal Representative with Lower Priority, P-306.

You must file all nomination forms with your request to start the probate case. The form you file to start the case depends on whether the case will use the informal probate process or the formal probate process and whether the person who died made a Will. See the forms to start the probate.

Informal Probate

If you are opening an informal probate, the form you file depends on whether the person who died made a will.

If the person who died made a Will, you can file:

• Request to Start Informal Probate and Appoint a Personal Representative When There Is a Will, P-315

If the person who died did NOT make a Will, you can file:

• Request to Start Informal Probate and Appoint a Personal Representative When There Is No Will, P-325

Read more about the forms to start an informal probate and the process.

Formal Probate

If you are opening a formal probate, the form you file depends on whether the person who dies made a will.

If the person who died made a Will, you can file:

• Request to Start Formal Probate and Appoint a Personal Representative When There is a Will, P-320

If the person who died did NOT make a Will, you can file:

• Request to Start Formal Probate and Appoint a Personal Representative When There is No Will, P-330

Read more about the forms to start a formal probate and the process.

Objecting to the appointment of a Personal Representative means you are asking the court not to approve someone for the role. You can object to the court appointing someone as Personal Representative if you believe that the Personal Representative does not have the right to serve, is incapable of serving, or for other valid reasons.

If the person who died made a Will, you can file:

• Request to Start Formal Probate and Appoint a Personal Representative When There is a Will, P-320

If the person who died did NOT make a Will, you can file:

• Request to Start Formal Probate and Appoint a Personal Representative When There is No Will, P-330

Read more about the forms to start a formal probate and the process.

The court will schedule a hearing on your request and you must give notice of the hearing to the Personal Representative and anyone else the court orders. When the Personal Representative has notice of your Request to Start Formal Probate, they must stop acting except to preserve the estate.

You can also petition the court for a temporary restraining order to stop the Personal Representative from doing a specific act. The court will set a hearing within 10 days on your petition. You must give notice to the Personal Representative, the Personal Representative's lawyer and any other parties you name in your petition in the time that the court orders.

If you want to ask the court to take away the role from someone who has already been appointed, this is a different process called removing a Personal Representative. If a formal probate has already been filed, you can submit your objection in that case.

: You must have a good reason or "cause" to remove the Personal Representative. You must prove to the court that removal is in the best interest of the estate or show that the Personal Representative did bad things such as lying when being appointed, ignoring a court order, mismanaging the estate or failing to perform their duties. An interested person can ask the court to remove the Personal Representative by filing a formal probate. If a formal probate has already been filed, you can submit your objection in that case.

If the person who died made a Will, you can file:

• Request to Start Formal Probate and Appoint a Personal Representative When There is a Will, P-320

If the person who died did NOT make a Will, you can file:

• Request to Start Formal Probate and Appoint a Personal Representative When There is No Will, P-330

Read more about the forms to start a formal probate and the process.

The court will schedule a hearing on your request and you must give notice of the hearing to the Personal Representative and anyone else the court orders. When the Personal Representative has notice of your Request to Start Formal Probate, they must stop acting except to preserve the estate.

You can also petition the court for a temporary restraining order to stop the Personal Representative from doing a specific act. The court will set a hearing within 10 days on your petition. You must give notice to the Personal Representative, the Personal Representative's lawyer and any other parties you name in your petition in the time that the court orders.

If you believe that the Personal Representative should be removed, it is a good idea to talk to a probate lawyer.

You can petition the court for a temporary restraining order to stop the Personal Representative from doing a specific act. The court will set a hearing within 10 days on your petition. You must give notice to the Personal Representative, the Personal Representative's lawyer, and any other parties you name in your petition in the time that the court orders.

If you believe that the Personal Representative should be removed, you may want to talk to a probate lawyer. You can also try to remove the Personal Representative.

Yes. Who you give notice to depends on whether you are starting an informal probate or a formal probate.

If you are starting an informal probate you must notify:

• Anyone who has filed a Demand for Notice.
• Anyone who has the same right or a higher right to be the Personal Representative as you do.
• Anyone who is already the Personal Representative.

If you are starting a formal probate case you must notify:

• Anyone who has filed a Demand for Notice.
• Anyone who has the same right or a higher right to be the Personal Representative as you do.
• Anyone who is already the Personal Representative.
• Any surviving spouse, children, and other heirs.
• Anyone named in the Will, if there is a will
• Anyone who may have an interest in the estate, but whose addresses are unknown, by publishing in a newspaper as required by AS 13.06.110(a)(3)
• Unknown persons who may have an interest in the estate, by publishing in a newspaper as required by AS 13.06.110(a)(3)

If a person has a representative such as a lawyer, Guardian, guardian ad litem, Conservator, or other fiduciary, give the notice to the representative.

Generally, you must give notice one of these ways:

Notice is a way to let someone know what is happening in the probate. Usually this means that you must send the person a copy of the document that you plan to file with the court. Sometimes an interested person might ask for notice and other times you must send notice whether someone has asked for it or not.

Generally, you must give notice to one of the following:

• The person who has the right to receive notice.
• The person's lawyer if the lawyer has appeared in court.
• The person's lawyer if the person asks you to send it to their lawyer.
• The person's Guardian, guardian ad litem, Conservator, or other fiduciary if one has been appointed for the person or if the person is a minor.

You may send notice in any of the following ways:

• • Deliver or have it delivered personally to the person.
• • Mail a copy by certified, registered or ordinary first-class mail to the address in the person's Demand for Notice. If the person did not file a Demand for Notice, mail the notice to the person's office or where the person lives.
• • Publish the notice once a week for three weeks in a row in a newspaper which is commonly read in the judicial district where the probate is filed. You can only publish notice if you have tried in good faith to find the name and address of the person and cannot find it.

You must file proof with the court that you delivered, mailed, or published the notice.

Yes. Any person can waive their right to receive notice by filing a written statement with the court stating they waive their right to notice.

The Personal Representative must mail the notice at least 14 days before a hearing. If you publish notice, the last publication date must be at least 10 days before a hearing. The Personal Representative must file proof of giving notice with the court on or before the hearing date.

Anyone with a financial or property interest in the estate can file a Demand for Notice with the court any time after the person's death using Demand for Notice, P-305. The right to demand notice ends when you no longer have a legal interest in the estate.

If someone files a Demand for Notice with the court, the court will send it to you if you are the Personal Representative. You must send the person who filed the Demand for Notice:

• A copy of every document you file with the court that has to do with that person’s interest in the estate. You must give proof to the court that you gave them the copies.
• Notice of every hearing the court sets that relates to that person’s interest in the estate. You must give this notice at least 14 days before the hearing. Use Notice of Hearing, P-339.

Give copies of everything you file and notice of the hearing one of these ways:

• Deliver or have it delivered personally to the person.
• Mail a copy by certified, registered or ordinary first-class mail to the address in the person's Demand for Notice.

If the person who filed the Demand for Notice no longer has any interest in the estate or waives their right to notice, you can stop sending notices.

It is a good idea to keep a notebook of everything that you do as Personal Representative, with tabs arranged by task. It is important to save a copy of everything that you file with the court or mail to others. You may want to put these copies in your notebook. Staying organized will help you make sure that you do everything that you are supposed to, meet all of the deadlines, and make things more efficient if you need to talk to a probate lawyer at some point in the probate.

Unless there is a special legal requirement, you can mail all documents by regular first-class mail, postage prepaid. However, it is always a good idea to send mail certified, return receipt requested, so that you have proof that you mailed it and on what date. You may need to file this proof later with the court if there is a dispute about whether or when you mailed something.

You will need to sign all Affidavits and many other court documents before a notary. Notary services are available for free at all state court offices.