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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 140. Formal Testacy Proceedings; Nature; When Commenced.
previous: Section 130
. Informal Appointment Unavailable in Certain Cases.
next: Section 145
. Formal Testacy or Appointment Proceedings; Petition; Contents.
AS 13.16.140. Formal Testacy Proceedings; Nature; When Commenced.
- (a) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy
proceeding may be commenced by an interested person filing a petition as described in AS 13.16.145(a) in which the person requests that the court,
after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or
to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with
(b) for an order that the decedent died intestate.
- (b) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been
informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal
- (c) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal
probate of any will of the decedent or any application for informal appointment of a personal representative of the
- (d) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a
previously appointed personal representative, after receipt of notice of the commencement of a formal probate
proceeding, must refrain from exercising the power to make any further distribution of the estate during the pendency
of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal
proceeding also may request an order restraining the acting personal representative from exercising any of the personal
representative's powers of office and requesting the appointment of a special administrator. In the absence of a
request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of
a previously appointed personal representative other than those relating to distribution.
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