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 [__/__/____].

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: [________________________________ 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)), having been signed by the Decedent and signed by at least two witnesses in conformity with Alaska Stat. § 13.12.502.

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, containing the acknowledgment of the Decedent and the affidavits of the witnesses before an officer authorized to administer oaths. It may be admitted to probate without the testimony of any attesting witness.

☐ 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. Heirs of the Decedent (those who would take by intestate succession under AS 13.12.101 et seq.), entitled to notice:

☐ 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).

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 will be filed. Estimated amount: $[________________].

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

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

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 all interested persons — devisees, heirs, any person having or claiming priority for appointment, and any person who has filed a demand for notice — as required by Alaska Stat. § 13.16.150 (notice given not less than 14 days before the hearing in the manner prescribed by AS 13.06.110), by mail, personal delivery, and publication as applicable.

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

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. §§ 13.16.255-.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 — Execution and self-proved wills
• Alaska Court System probate forms: https://courts.alaska.gov/shc/probate/