Probate Estate Closing and Representative Discharge in Alaska
At a glance
| Closing routes and prerequisites | Formal complete-settlement order after predeath claim period; unsupervised verified statement no earlier than six months after original appointment and creditor publication (AS 13.16.620, .630). |
|---|---|
| Who may start or compel closing | Representative may petition for complete settlement at any time; another interested person after one year from original appointment, once predeath claim period expires (AS 13.16.620). |
| Final filing and contents | Formal petition may seek account, testacy/heir decision and distribution; statement verifies published creditor notice, settled claims/taxes, distribution and copies sent (AS 13.16.620, .630). |
| Final account and support | Formal court may consider final account or compel/approve accounting; closing statement route furnishes full written account to affected distributees (AS 13.16.620, .630). |
| Distribution or delivery | Statement certifies distribution, with details of remaining liabilities and arrangements; formal court may direct or approve distribution (AS 13.16.630, .620). |
| Notice and objections | Formal order follows notice to all interested persons and hearing; statement copies go to distributees and known unpaid, unbarred claimants (AS 13.16.620, .630). |
| Hearing and order | Formal route requires notice, hearing and court order; unsupervised statement route closes by filing and later appointment termination (AS 13.16.620, .630). |
| Closing effect and discharge | Formal order may discharge representative from interested-person demands; statement ends appointment one year after filing absent pending representative proceeding (AS 13.16.620, .630). |
| Bond, liability, later administration | Statement starts six-month limit on certain fiduciary claims, subject to fraud exceptions; a lien certificate preserves suit against representative/surety; later property permits new appointment (AS 13.16.640, .650, .655). |
Requirements one by one
Complete settlement by court order
A representative may petition for complete settlement at any time; another interested person may do so one year after the original appointment. The court cannot entertain the petition until the period for presenting claims arising before death has expired. The petition may seek an account, testacy or heir determination, will construction and final distribution. After notice to all interested persons and a hearing, the court may approve settlement and distribution and discharge the representative from interested-person demands. (AS 13.16.620.)
A representative or devisee under an informally probated will may instead request a settlement order that does not adjudicate testacy. Notice goes to devisees and the representative. If part of the estate proves intestate, the case is dismissed or amended to the complete-settlement route. (AS 13.16.625.)
Unsupervised closing statement
Outside supervised administration, and unless prohibited by court order, a representative may file a verified closing statement no earlier than six months after original appointment. First publication of creditor notice must also be more than six months before the statement. The statement verifies payment or other handling of presented claims, expenses and death taxes and distribution of estate assets. It explains outstanding claims and any distributee agreement or other arrangement. Copies go to distributees and known unpaid, unbarred claimants; affected distributees receive a full written account. The appointment ends one year after filing if no proceeding involving the representative is pending. (AS 13.16.630.)
What trips people up
The statement triggers a separate six-month limit for successors' and certain creditors' fiduciary-duty claims against the representative. Claims involving fraud, misrepresentation or inadequate disclosure remain outside that bar. (AS 13.16.640.)
Common questions
Does a certificate release a surety from all claims? After appointment termination, the representative or surety may seek a certificate showing apparent full administration. It evidences discharge of a lien securing performance but does not bar action against the representative or surety. (AS 13.16.650.)
What if property is discovered after closure? On an interested person's petition and court-directed notice, the court may appoint the same or a successor representative to administer newly discovered property. Previously barred claims remain barred. (AS 13.16.655.)
Statutes and sources
The verbatim operative passages, official section URLs and access date are recorded above. (AS 13.16.620, .625, .630, .640, .650, .655.)
Source links
Every statute quoted above, linked, with the date we checked it.
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