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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 80. Informal Probate or Appointment Proceedings; Application; Contents.
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. Demand For Notice of Order or Filing Concerning Decedent's Estate.
next: Section 85
. Informal Probate; Duty of Registrar; Effect of Informal Probate.
AS 13.16.080. Informal Probate or Appointment Proceedings; Application; Contents.
- (a) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the
applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following
- (1) every application for informal probate of a will or for informal appointment of a personal representative other than a
special or successor representative, must contain the following:
- (A) a statement of the interest of the applicant;
- (B) the name and age of the decedent, the date of death of the decedent, the judicial district and state of the decedent's
domicile at the time of death, and the names and addresses of the spouse, children, heirs and devisees and the ages of
any who are minors so far as known or ascertainable with reasonable diligence by the applicant;
- (C) if the decedent was not domiciled in the state at the time of death, a statement showing venue;
- (D) a statement identifying and indicating the address of any personal representative of the decedent appointed in this
state or elsewhere whose appointment has not been terminated;
- (E) a statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice of
any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere;
- (F) a statement that the time limit for informal probate as provided in AS 13.16.080
- 13.16.130 has not expired either because three
years or less have passed since the decedent's death, or, if more than three years from death have passed, that
circumstances as described by AS 13.16.040
authorizing tardy probate or appointment have occurred;
- (2) an application for informal probate of a will must state the following in addition to the statements required by (1)
of this subsection:
- (A) that the original of the decedent's last will is in the possession of the court, or accompanies the application, or
that an authenticated copy of a will probated in another jurisdiction accompanies the application;
- (B) that the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed;
- (C) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and
that the applicant believes that the instrument which is the subject of the application is the decedent's last will;
- (3) an application for informal appointment of a personal representative to administer an estate under a will must
describe the will by date of execution and state the time and place of probate or the pending application or petition
for probate; the application for appointment must adopt the statements in the application or petition for probate and
state the name, address and priority for appointment of the person whose appointment is sought;
- (4) an application for informal appointment of an administrator in intestacy must state in addition to the statements
required by (1) of this subsection:
- (A) that after the exercise of reasonable diligence the applicant is unaware of any unrevoked testamentary instrument
relating to property having a situs in this state under AS 13.06.060
, or a statement why any such instrument of which the applicant may be aware is not being probated;
- (B) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal
right to the appointment under AS 13.16.065
- (5) an application for appointment of a personal representative to succeed a personal representative appointed under a
different testacy status must refer to the order in the most recent testacy proceeding, state the name and address of
the person whose appointment is sought and of the person whose appointment will be terminated if the application is
granted, and describe the priority of the applicant;
- (6) an application for appointment of a personal representative to succeed a personal representative who has tendered a
resignation as provided in AS 13.16.290
(c), or whose appointment has been terminated by death or removal, must adopt the statements in the application or
petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state
the name and address of the person who seeks appointment as successor, and describe the priority of the applicant;
- (b) By verifying an application for informal probate or informal appointment, the applicant submits personally to the
jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may
be instituted against the applicant.
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