Last updated: 8/18/2021
Statement Starting Informal Probate And Appointing A Personal Representative When There is No Will {P-326}
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Description
Page 1 of 2 AS 13.16.110 P-326 (1/19)(cs) STATEMENT STARTING INFORMAL PROBATE & APPOINTING A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT In the Matter of the Estate of: ) ) ) ) ) ) Person Who Died (Decedent) ) Date of Birth: ) ) CASE NO. STATEMENT STARTING INFORMAL PROBATE AND APPOINTING A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL (Statement of Informal Appointment of Personal Representative in Intestacy) Based upon the request of (name) to open informal probate of (name of person who died) estate and appoint a personal representative, the court makes the following findings and order based on that request. FINDINGS 1. Application. The application appears to be complete and includes the requestor's oath or affirmation that the statements in the application are true to the best of the requestor's belief. 2. Interest. The requestor is a person with an interest in the estate because he or she is a spouse, relative, beneficiary, creditor or fiduciary representing an interested person. 3. Person Who Died (Decedent). The decedent died on (date) . At least five full days have passed since the death. 4. Filing Location. This is the correct court to file in because the person who died: lived in this judicial district at the time of death. did not live in Alaska at the time of death; however, the person had property located in this judicial district at the time of death. 5. Time. The time for probate is within the required time period because: less than three years have passed since the person died. more than three years have passed but late probate is permissible under AS 13.16.040 because: 6. No Will. The person who died did not have a valid will. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2 AS 13.16.110 P-326 (1/19)(cs) STATEMENT STARTING INFORMAL PROBATE & APPOINTING A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL 7.Current Personal Representative. No court has appointed a personal representative of the estate. A court appointed a personal representative, but later ended that appointment. A court appointed (name) as personal representative who lives at (address) . The requestor filed an authenticated copy of the will and a statement from the court where the will was first probated. 8.Right to be Appointed as Personal Representative. The court finds that(name) is 19 years or older and has priority to serve because: he or she is the surviving spouse. he or she is an heir (someone with the right to inherit property from the person who died if no will had been made). he or she is a creditor and 45 days have passed since the person died. . 9.Additional Findings. 10.Notice. Any notice required by the laws of Alaska has been given.PROCEDURAL ORDER The court orders that: 1. No bond is required. A bond is required in the amount of $ . 2.The appointed personal representative is (name) , and he or she assumes the responsibilities after posting a bond, if required.3.The court will issue Letters of Administration after the personal representative files FormP-336, Acceptance of Duties by Personal Representative and Letters of Administration by Court.4.Other: Date Signature of Registrar Printed Name American LegalNet, Inc. www.FormsWorkFlow.com