Alaska Superior Court, First Judicial District Guide

Not a court case. Thirty days after the death, a successor signs the affidavit under oath and presents it to whoever holds the property, who must pay or deliver it. A successor is a person, other than a creditor, entitled to the property under the will or the probate code, so a will does not close the route.

• The entire estate, wherever located, less liens and encumbrances, consists only of vehicles subject to registration under AS 28.10.011 with a total value not over $100,000, and other personal property not over $50,000.
• The person who died owned no real property, whatever its value, unless it passed automatically to someone else (tenancy by the entirety or a recorded transfer on death deed).
• At least 30 days have passed since the death.
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
• The person signing is entitled to the property (a successor, not a creditor).

Qualifies:

$50,000 of personal property other than registered vehicles, plus registered vehicles up to $100,000 in total, both after subtracting liens and encumbrances; any real property that would go through probate closes the route.

Attorney:

not required by law, though many families use one

The successor cannot keep the property: it must go to the beneficiaries under the will or the heirs, and to a personal representative if one is appointed later (self-help page; AS 13.16.685 'answerable and accountable'). Nonprobate property such as a joint account does not count toward the caps.

A small estate is a type of informal probate. The personal representative opens an informal probate, prepares the inventory, and if the test is met may distribute at once without giving notice to creditors or paying creditor claims, then files form P-350 to close. The appointment ends one year after the statement is filed if no proceeding is pending.

• An informal probate case with an appointed personal representative.
• An inventory showing the estate, less liens and debts, is within the allowances-and-costs test.
• Distribution to the persons entitled, a copy of the statement to distributees and unpaid claimants, and an accounting (or filed waivers).

Qualifies:

No dollar figure. After the inventory, the estate value less liens and debts must not exceed the homestead allowance, family allowance, exempt property, costs of administration, reasonable funeral expenses and reasonable medical and hospital expenses of the last illness.

Filing fee:

$250

source

Attorney:

not required by law, though many families use one

Used when there is disagreement about the will or who should serve, or other contested issues. Notice of the hearing is mailed or personally delivered to each interested person at least 14 days before it; for a person whose address or identity cannot be found with reasonable diligence, the notice is instead published once a week for three consecutive weeks in a newspaper of general circulation in the judicial district, with the last publication at least 10 days before the hearing (AS 13.06.110(a), as reproduced in form P-305). The Court System's formal probate page says to publish for all unknown persons and known persons whose addresses are unknown, in addition to mailing the known ones.

• A petition to the Superior Court in the First Judicial District (the judicial district where the person who died lived).
• Notice and a hearing.
• After three years from death, limited options remain (a determination of heirs, a limited testacy proceeding, or a personal representative with very limited powers).

Qualifies:

No dollar threshold.

Filing fee:

$250

source

Attorney:

not required by law, though many families use one

The ordinary route when everyone agrees who should be personal representative and whether there is a valid will. The application is decided without a hearing in the usual case. For an Alaska resident the court will not appoint a personal representative until 5 days after the death; for a non-resident, 30 days, or 5 days if the will says Alaska law applies or the applicant was already appointed in another state.

• An application filed in the First Judicial District (the judicial district where the person who died lived).
• Bond addressed: waived by the will, waived by each person eligible to inherit (form P-334), posted, or excused by court order.
• Nominations (form P-306) from anyone with equal or higher priority to serve.
• At least 5 days since the death for an Alaska resident (30 days for most non-residents).
• Generally opened within three years of the death; after that only in limited situations.

Qualifies:

No dollar threshold.

Filing fee:

$250

source

Attorney:

not required by law, though many families use one

Within 30 days of appointment the personal representative sends form P-340, Information to Heirs and Devisees (AS 13.16.360).