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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 145. Formal Testacy or Appointment Proceedings; Petition; Contents.
previous: Section 140
. Formal Testacy Proceedings; Nature; When Commenced.
next: Section 150
. Formal Testacy Proceeding; Notice of Hearing On Petition.
AS 13.16.145. Formal Testacy or Appointment Proceedings; Petition; Contents.
- (a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a
personal representative, must be directed to the court, request a judicial order after notice and hearing and contain
further statements as indicated in this section. A petition for formal probate of a will must
- (1) request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have
been informally probated and determining the heirs;
- (2) contain the statements required for informal applications as stated in AS 13.16.080
(a)(1)(A)-(E), the statements required by AS 13.16.080(a)(2)(B) and (C); and
- (3) state whether the original of the last will of the decedent is in the possession of the court or accompanies the
- (b) If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy
of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the
will, and indicate that it is lost, destroyed, or otherwise unavailable.
- (c) A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial
finding and order that the decedent left no will and determining the heirs, contain the statements required by AS 13.16.080
(a)(1) and (4) and indicate whether supervised administration is sought. A petition may request an order determining
intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by
AS 13.16.080(a)(4)(B) may be omitted.
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