Petition for Probate of Will and for Letters Testamentary - Alaska

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____] JUDICIAL DISTRICT AT [LOCATION]

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]

Address: [STREET ADDRESS], [CITY], Alaska [ZIP CODE]

Telephone: [____________________] Email: [____________________]

Statement of interest of Petitioner (AS 13.16.080(a)(1)(A)):
☐ Person nominated as personal representative (executor) by the Will
☐ Devisee under the Will
☐ Heir of the Decedent
☐ Surviving spouse
☐ Other interested person: [____________________________________]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____], and at least five full days have passed since death.

b. The Decedent was domiciled in the [____] Judicial District, Alaska, at the time of death. Venue for these proceedings is proper in this district pursuant to Alaska Stat. § 13.16.055(a)(1) (judicial district where the Decedent was domiciled at death).

c. ☐ The Decedent was not domiciled in Alaska at death but owned property in this judicial district; venue is proper under Alaska Stat. § 13.16.055(a)(2) (property of the Decedent located here at death, or an Alaska-subject fiduciary in control of the property) (statement showing venue, AS 13.16.080(a)(1)(C)): [________________________________].

d. This Petition is filed within the time limit for testacy proceedings: ☐ three (3) years or less have passed since the Decedent's death; or ☐ more than three years have passed and the circumstances described in Alaska Stat. § 13.16.040 authorizing a tardy proceeding apply.

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [____________], if any).

f. Petitioner is aware of ☐ no demand for notice / ☐ the following demand(s) for notice (AS 13.16.080(a)(1)(E)): [________________________________].

g. No personal representative of the Decedent has been appointed in this state or elsewhere whose appointment has not been terminated, except (name and address): [________________________________ or "None"].

5. THE WILL OFFERED FOR PROBATE

a. The original of the Decedent's Last Will and Testament, executed on [__/__/____], ☐ is in the possession of the Court / ☐ accompanies this Petition (AS 13.16.145(a)(3)).

b. ☐ An authenticated copy of a will probated in another jurisdiction accompanies this Petition. ☐ The original is lost, destroyed, or otherwise unavailable; the contents of the Will are stated in the attachment hereto (AS 13.16.145(b)).

c. Petitioner believes, to the best of Petitioner's knowledge, that the Will was validly executed (AS 13.16.080(a)(2)(B)). Basis under Alaska Stat. § 13.12.502 or other applicable execution law: ☐ attested will ☐ holographic will ☐ other: [________________________________].

d. After the exercise of reasonable diligence, Petitioner is unaware of any instrument revoking the Will and believes the instrument offered is the Decedent's last Will (AS 13.16.080(a)(2)(C)).

e. Self-proving status:

☐ The Will is self-proved under Alaska Stat. § 13.12.504, with the required acknowledgment, witness affidavits, and official certificate. In a contested case, Alaska Stat. § 13.16.165(b) permits proof without witness testimony unless fraud or forgery affecting the acknowledgment or affidavit is shown.

☐ The Will is not self-proved; Petitioner will prove due execution as the Court directs.

f. Attesting witnesses:

6. DEVISEES AND HEIRS ENTITLED TO NOTICE

A. Devisees under the Will:

B. Surviving spouse, children, and other heirs of the Decedent (including those who would inherit if there were no will):

☐ The Decedent was survived by a spouse: [NAME].

7. ESTIMATED VALUE OF THE ESTATE

8. NOMINATION, PRIORITY, AND QUALIFICATION OF PERSONAL REPRESENTATIVE

a. The Will nominates [PETITIONER / NOMINATED EXECUTOR NAME] as personal representative (executor). A person with priority as determined by a probated will, including a person nominated by a power conferred in the will, has the first priority for appointment under Alaska Stat. § 13.16.065(a)(1).

Proposed personal representative's address (if different from Petitioner's): [________________________________]

b. Petitioner is not disqualified: Petitioner is at least nineteen (19) years of age and the Court has not found Petitioner unsuitable, as required by Alaska Stat. § 13.16.065(f).

c. ☐ Supervised administration is requested. ☐ Supervised administration is not requested.

9. BOND

a. Under Alaska Stat. § 13.16.255, a personal representative must execute and file a bond unless one of these statutory exceptions applies:

☐ This is a testate estate, and the Will expressly waives surety bond as to the person qualifying as personal representative.

☐ The devisees or heirs have filed written waivers of surety bond.

☐ The proposed personal representative is a qualified corporate fiduciary.

☐ The proposed personal representative has made the statutory cash-or-collateral deposit securing performance.

☐ No § 13.16.255 exception applies; bond or other suitable security will be filed. Estimated value of the Decedent's personal estate: $[________]; estimated income from personal and real estate during the next year: $[________]; proposed bond or security amount: $[________]. Unless the Will or court order specifies an amount, Alaska Stat. § 13.16.260 requires an oath-backed estimate and security of at least the combined estimate, subject to statutory reduction or court action.

b. Under Alaska Stat. § 13.16.260, the Court may, on petition of the personal representative or another interested person, excuse a bond requirement, change the amount, release sureties, or permit a substitute bond. Requested ruling and grounds: [________________________________].

c. Under Alaska Stat. § 13.16.265, a person apparently having an estate interest worth more than $1,000, or a creditor with a claim exceeding $1,000, may file and serve a written demand for bond. Known demand: ☐ None ☐ Yes: [________________________________].

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court, after notice and hearing pursuant to Alaska Stat. § 13.16.150:

a. Enter an order as to the testacy of the Decedent in relation to the instrument offered, and determine the heirs;

b. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to probate;

c. Appoint Petitioner as personal representative (executor) of the estate pursuant to Alaska Stat. § 13.16.065;

d. Direct issuance of Letters Testamentary to Petitioner upon qualification;

e. Determine the applicable bond exception, excuse or modify bond if warranted, or fix bond under Alaska Stat. §§ 13.16.255-.265;

f. Grant such other relief as the Court deems just and proper.

11. VERIFICATION

Complete one of the following verifications.

A. Sworn verification: I, [PETITIONER FULL LEGAL NAME], swear or affirm that I have read this Petition and believe its statements are true and complete to the best of my knowledge and belief.

Petitioner Signature: ______________________________________ Date: [__/__/____]

Subscribed and sworn to or affirmed before me at [LOCATION], Alaska, on [__/__/____].

Court clerk, notary public, or other oath official: ______________________________________

Official title / commission expiration: [________________________________]

B. Unsworn certification under AS 09.63.020(a): Use only when a notary public or other official empowered to administer oaths is unavailable.

I, [PETITIONER FULL LEGAL NAME], have read the foregoing Petition and certify under penalty of perjury under the laws of the State of Alaska that its statements are true and complete to the best of my knowledge and belief.

A notary public or other official empowered to administer oaths is unavailable. I certify under penalty of perjury that the foregoing is true.

Executed on [__/__/____] at [CITY], [STATE].

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. CERTIFICATE OF SERVICE / NOTICE

Notice of the hearing on this Petition has been or will be given to the surviving spouse, children, and other heirs; devisees and executors named in any will described in Alaska Stat. § 13.16.150(a)(2); any current personal representative; and any person who filed a demand for notice. Give notice also to persons with a greater or equal right to appointment identified above. Publish for unknown interested persons and known interested persons whose addresses remain unknown after reasonable diligence. Under Alaska Stat. § 13.06.110, mail or personally deliver notice at least 14 days before the hearing; publication, when required, runs once a week for three consecutive weeks, with the last publication at least 10 days before the hearing, unless the court orders a different method or time for good cause. File proof of notice on or before the hearing.

Signature: ______________________________________

Printed Name: [PETITIONER / ATTORNEY NAME]

Alaska Bar No.: [________________] (if attorney)

Address: [________________________________]

Telephone: [____________________] Email: [____________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil), or authenticated copy / statement of contents if unavailable
☐ Self-proving affidavit, if separate (Alaska Stat. § 13.12.504)
☐ Certified copy of Death Certificate
☐ List of heirs and devisees with addresses (AS 13.16.080(a)(1)(B))
☐ Acceptance of appointment / Statement of Personal Representative
☐ Proposed Order admitting Will and appointing personal representative
☐ Proposed Letters Testamentary
☐ Bond, statutory waiver materials, deposit documentation, or petition to excuse or modify bond (AS 13.16.255-.265)
☐ Notice of hearing and proof of service / publication (AS 13.16.150)
☐ Filing fee
☐ Alaska Court System Form P-320 (Request to Start Formal Probate and Appoint a Personal Representative When There Is a Will), if used; court forms P-321 and P-335 may be used for the proposed order and acceptance/letters

SOURCES AND REFERENCES

• Alaska Stat. § 13.16.055 — Venue for first and subsequent estate proceedings
• Alaska Stat. § 13.16.040 — Probate, testacy, and appointment proceedings; ultimate time limit
• Alaska Stat. § 13.16.065 — Priority among persons seeking appointment
• Alaska Stat. § 13.16.080 — Application contents (incorporated into formal petitions)
• Alaska Stat. § 13.16.145 — Formal testacy/appointment petition; contents
• Alaska Stat. § 13.16.150 — Formal testacy proceeding; notice of hearing on petition
• Alaska Stat. § 13.06.110 — Notice methods, timing, publication, and proof of notice
• Alaska Stat. §§ 13.16.255-.265 — Bond requirement, exceptions, amount, court relief, and demand procedure: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.16.255&secEnd=13.16.265
• Alaska Stat. §§ 13.12.502, 13.12.504, and 13.16.165 — Execution and proof of wills
• Alaska Stat. § 09.63.020 — Unsworn certification when an oath official is unavailable
• Alaska Court System probate forms: https://courts.alaska.gov/shc/probate/forms.htm