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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 205. Formal Proceedings Concerning Appointment of Personal Representative.
previous: Section 200
. Formal Testacy Proceedings; Vacation of Order For Other Cause.
next: Section 215
. Supervised Administration; Nature of Proceeding.
AS 13.16.205. Formal Proceedings Concerning Appointment of Personal Representative.
- (a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for
appointment as personal representative, or of one who previously has been appointed personal representative in informal
proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by AS 13.16.145, as well as by this section. In other cases,
the petition shall contain or adopt the statements required by AS 13.16.080
(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be
resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal
appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the
previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power
of administration except as necessary to preserve the estate or unless the court orders otherwise.
- (b) After notice to interested persons, including all persons interested in the administration of the estate as successors
under the applicable assumption concerning testacy, any previously appointed personal representative and any person
having or claiming priority for appointment as personal representative, the court shall determine who is entitled to
appointment under AS 13.16.065
, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as
provided in cases of removal under AS 13.16.295.
Article 05. SUPERVISED ADMINISTRATION
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