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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 195. Formal Testacy Proceedings; Effect of Order; Vacation.
previous: Section 190
. Formal Testacy Proceedings; Partial Intestacy.
next: Section 200
. Formal Testacy Proceedings; Vacation of Order For Other Cause.
AS 13.16.195. Formal Testacy Proceedings; Effect of Order; Vacation.
- (a) Subject to appeal and subject to vacation as provided in this section and in AS 13.16.200
, a formal testacy order under AS 13.16.180
- 13.16.190, including an order that the decedent did
not leave a valid will and determining heirs, is final as to all persons with respect to all issues concerning the
decedent's estate that the court considered or might have considered incident to its rendition relevant to the question
of whether the decedent left a valid will, and to the determination of heirs, except that
- (1) the court shall entertain a petition for modification or vacation of its order and probate of another will of the
decedent if it is shown that the proponents of the later-offered will were
- (A) unaware of the later-offered will's existence at the time of the earlier proceeding; or
- (B) unaware of the earlier proceeding and were not given notice of the proceeding, except by publication;
- (2) if intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be
reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that the
persons were unaware of their relationship to the decedent, were unaware of the death, or were not given notice of any
proceeding concerning the estate, except by publication;
- (3) a petition for vacation under either (1) or (2) of this subsection must be filed before the earlier of the following
- (A) if a personal representative has been appointed for the estate, the time of entry of an order approving final
distribution of the estate, or, if the estate is closed by statement, six months after the filing of the closing
- (B) whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by AS
when it is no longer possible to initiate an original proceeding to probate a will of the decedent; or
- (C) 12 months after the entry of the order sought to be vacated;
- (4) the order originally rendered in the testacy proceeding may be modified or vacated, if appropriate under the
circumstances, by the order of probate of the later-offered will or the order redetermining heirs;
- (5) the finding of the fact of death is conclusive as to the alleged decedent only if notice of the hearing on the
petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at
the last known address of the alleged decedent and the court finds that a search under AS 13.16.150
(b) was made.
- (b) If the alleged decedent is not dead, even if notice was sent and search was made, the alleged decedent may recover
estate assets in the hands of the personal representative. In addition to any remedies available to the alleged
decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds
from distributees that is in their hands, or the value of distributions received by them, to the extent that any
recovery from distributees is equitable in view of all of the circumstances.
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