Alaska Petition for Probate
In Alaska the Superior Court registrar can grant an informal probate application without a hearing, using court Form P-315 with a will or P-325 without one.
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Introduction
In Alaska, probate is handled by the Superior Court in the judicial district where the decedent was domiciled at death. There are two tracks. An informal application is decided by the court's registrar without a hearing, and a formal petition goes to the judge with notice and a hearing. The court forms are P-315 (informal, with a will), P-325 (informal, no will) and P-330 (formal, no will), and the court's form controls over any draft. An estate case generally cannot be opened more than three years after death, except in limited circumstances (AS 13.16.040(a)). Informal probate and appointment also require that at least 120 hours have passed since death. After death, on request of an interested person, whoever holds the will must deliver it promptly to a person able to secure its probate, or to the court if no such person is known (AS 13.12.516). Nobody has authority over estate assets until the court appoints a personal representative and letters issue. Being named in a will does not by itself give authority. The court applies priority rules, and appointment is not guaranteed. A bond is required unless an exception applies. Notice goes to heirs and devisees, and creditors are given published notice. Not every estate needs probate, and a will contest or a dispute over who should serve is a separate proceeding. Attorney review is available.
Key Things to Know
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Probate is filed in the Superior Court for the judicial district where the decedent was domiciled at death (AS 13.16.055). Informal applications go to the court's registrar and formal petitions go to the judge. The informal request is Form P-315 (with a will) or P-325 (no will); the formal no-will petition is Form P-330. The court's form controls over any draft petition.
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No one has authority over estate assets until the court appoints a personal representative and letters issue. A person named in a will must still apply and be appointed, and should not distribute, pay heirs or sell property before appointment.
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An informal probate or appointment, or a formal proceeding, generally may not be started more than three years after death, with limited exceptions (AS 13.16.040(a)). The registrar issues informal probate only if at least 120 hours have passed since death. After death, on request of an interested person, the person holding the will must deliver it with reasonable promptness to a person able to secure its probate, or to the court if no such person is known (AS 13.12.516).
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Priority to serve runs: the person named in the will (including a nominee under a power in the will), a surviving spouse who is also a devisee, other devisees, the surviving spouse, other heirs, then a creditor 45 days after death. A person under age 19, or one found unsuitable in formal proceedings, is not qualified. Appointing someone without priority can be done only in formal proceedings (AS 13.16.065).
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After informal probate, the applicant must within 30 days mail heirs and devisees written information of the probate, unless a personal representative is appointed who must instead give them information of the appointment within 30 days (AS 13.16.105, 13.16.360). A formal petition requires notice of hearing before the order. On appointment, notice to creditors is published once a week for three successive weeks, and claims are due within four months after first publication (AS 13.16.450, 13.16.460).
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A bond is required unless the will expressly waives it, the devisees or heirs file a written waiver, or another statutory exception applies (AS 13.16.255). The representative qualifies by filing any required bond and an acceptance of duties before letters issue (AS 13.16.245).
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Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Alaska has an affidavit route for collecting some personal property. See our small estate affidavit page for that route.
Key decisions before you file
Before you file a Petition for Probate in Alaska, a few decisions shape the document: which option to choose and what each one means. The Petition for Probate guide walks through them.
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Alaska Requirements for Petition for Probate
Superior Court, Informal or Formal Track
Probate is filed in the Superior Court for the judicial district of the decedent's domicile at death. Informal applications go to the registrar and are decided without a hearing; formal petitions go to the judge with notice and hearing (AS 13.16.055, 13.16.080, 13.16.140).
Court Forms P-315, P-325 and P-330
The Alaska Court System publishes Form P-315 (informal, with a will), P-325 (informal, no will) and P-330 (formal, no will). Acceptance of duties is Form P-335. The court's form controls over any draft petition.
Three-Year Limit and 120-Hour Wait
A probate or appointment proceeding generally may not be started more than three years after death, with limited exceptions (AS 13.16.040(a)). The registrar issues informal probate only if at least 120 hours have passed since death (AS 13.16.085).
Delivery of the Will
After death, on request of an interested person, the person holding the will must deliver it with reasonable promptness to a person able to secure its probate, or to the court if no such person is known (AS 13.12.516).
Priority and Qualification to Serve
Priority follows AS 13.16.065: the person named in the will, a devisee spouse, other devisees, the surviving spouse, other heirs, then a creditor 45 days after death. A person under age 19 is not qualified.
Notice to Heirs and Devisees
After informal probate the applicant gives written information to heirs and devisees within 30 days (AS 13.16.105); after appointment the personal representative does the same within 30 days (AS 13.16.360). A formal petition requires notice of hearing (AS 13.16.150).
Creditor Notice and Claims Period
On appointment the personal representative publishes notice once a week for three successive weeks. Claims are due within four months after first publication, or within three years after death if no notice is published (AS 13.16.450, 13.16.460).
Bond Required Unless Excepted
A bond is filed with the registrar unless the will waives it, the devisees or heirs waive it in writing, or another exception applies (AS 13.16.255). Acceptance of duties and any required bond are filed before letters issue (AS 13.16.245).