Fill and Sign the Summary Administration Package Alaska Form

SUMMARY ADMINISTRATION PACKAGE AK-EST2 INCLUDED: Form One - Petition for Informal Probate and Letters of Summary Administration. Form Two - Notice of Petition Form Three - Proposed Order Approving Petition and granting letters of summary administration, and Letters of Administration Form Four - Notice of Informal Probate Form Five - Inventory and Appraisement Form Six - Closing Statement Selected Alaska Statutes PLEASE NOTE: The following is a limited set of instructions regarding the use of the included forms. This in no way should be considered a complete discussion of the process of probating an estate. Alaska statutes regarding probate are complex, and care should be taken to read and understand applicable statutes. Consultation with a knowledgeable attorney is always advised. Step One – Submit a petition to the probate court requesting to be named as the estate administrator. Notice of this petition must be given to given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the attorney. Step Two – Contact the court administrator regarding a hearing date for the petition. Step Three – Upon approval of petition by probate judge, tender to the judge an order approving the petition and letters of administration. Step Four – Provide notice within thirty (30) days of approval to the heirs and devisees. Step Five – File with the court an accounting of the estate and provide a copy to any interested party who has requested one. Step Six – File a closing statement. - 1 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased PETITION FOR INFORMAL PROBATE AND LETTERS OF SUMMARY ADMINISTRATION COMES NOW, ______________________________________, and files this Petition for Informal probate and letters of summary administration and would show unto the court as follows: 1. The petitioner, ____________________________________, of the following address, ________________________________________________, holds an interest in the estate of the deceased through the following relationship, that of ________________________________________________. 2. The decedent, _____________________________________________, aged _____ years, a resident of ____________________________ County, residing at __________________________________________________________________ ______________________________, passed from this life at on the ______ day of ________________, 20____, ( ) with ( ) without a will. 3. The following are the names and addresses of all parties with an interest in the estate of the decedent, including the age of any who is a minor and the relationship of each heir and devisee to the decedent, so far as is known to the petitioner. Name Address Age/Relationship ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 4. ( ) A will exists. The original of the decedent's last will is in the possession of this Court, or accompanies this application, or an authenticated copy of a will probated in - 1 - another jurisdiction accompanies this application. Further, the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed, and that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent's last will. The will was executed on the ____ day of _____________, 20____, and was tendered for probate or an application for probate was filed on the ____ day of _______, 20_____. 5. ( ) A will does not exist. After the exercise of reasonable diligence the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this State. under AS 13.06.060, or a statement why any such instrument of which the applicant may be aware is not being probated; (B) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under AS 13.16.065 ; If a personal representative of the decedent has already been appointed in this State or in any other, the name and address of said personal representative is _______________________________________________________________________. 6. The petitioner ( ) has ( ) has not received a demand for notice, and/or ( ) is ( ) is not aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this State or elsewhere. 7. The time limit for informal probate has not expired either because three years or less have passed since the decedent's death, or, if more than three years from death have passed, that circumstances as described by AS 13.16.040 authorizing tardy probate or appointment have occurred. THEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request that this Court issue an order granting the petitioner letters of administration and authority as a personal representative of this estate to resolve this estate through the process of informal probate, as well as any other relief that the Court finds appropriate. Under penalties of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and that as to such matters he believes it to be true. This the ___________ day of __________________________, 20__________. ____________________________________ Petitioner State of Alaska ________________ Judicial District (or County of ________________) - 2 - The foregoing instrument was acknowledged before me this ____________ day of ___________, ________________ by ____________________________________________ (signing party) ___________________________________ (marital status). ____________________________________ Notary Public Print Name __________________________ Serial Number, if any: _________________ My commission expires: - 3 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased NOTICE OF HEARING ON PETITION FOR APPOINTMENT AS INFORMAL ADMINISTRATOR PLEAE TAKE NOTICE , that _______________________________________, filed with the court a Petition for Informal Probate and Letters of Summary Administration. Appointment of Administrator for the estate of the above-named decedent; that a hearing on the petition has been set for the ______ day of _________________, 20_____, at the hour of ___________ ___.M. at the above-entitled Court which is located at ______________________________________, Nevada, ____________. DATED this ________day of ______________________, 20_____. ____________________________________ Signature Name: _____________________________ Address: ___________________________ City/State/Zip: _______________________ Telephone: _________________________ - 1 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased ORDER APPROVING PETITION Upon consideration of the petition of ______________________________, this Court finds that said Petition is well taken and it is hereby ordered that the petitioner be issued letters of administration in this matter and be granted authority as a personal representative, with all the entitlements and responsibilities inherent thereto, to resolve this estate through the process of informal probate. SO ORDERED THIS THE _______ DAY OF _________________, 20_____. _______________________________ Judge of the Probate Court - 1 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased LETTERS OF ADMINISTRATION On the _____ day of ______________, 20____, the Court entered an Order appointing _____________________________ as Personal Administrator of the Decedent’s Estate. The Administrator, having duly qualified, may act and has the authority and duties of Administrator. In testimony of which, I have this date signed these Letters and affixed the seal of the Court. ________________________ Clerk of Court OATH I, ________________________________, whose mailing address is ________________ __________________________________, solemnly affirm that I will faithfully perform according to law the duties of Administrator and that all matters stated in any petition or paper filed with the Court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true. _________________________________ Administrator State of Alaska County of ________________________ Subscribed and affirmed before me, This the ______ day of __________________, 20___, ___________________________________________ Clerk or Notary Public - 1 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased Notice of Appointment as Personal Administrator and Issuance of Letters of Administration. PLEASE TAKE NOTICE that on or about the ____ day of _______, 20___, ___________________________, was appointed as Personal Representative of the Estate of the above-named Decedent and issued Letters of Administration in this matter. The administrator may be contacted at the following address: _______________________________________________________________________. Additional information regarding this matter may be obtained by contacting the Clerk of Court at the following address: ______________________________________________. This the ______________day of _____________________, 20_____. ____________________________________ Signature - 1 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased Inventory and Appraisement COMES NOW , ___________________________, as duly appointed administrator of the estate of ____________________________, deceased, and pursuant to Alaska statute, provides the following inventory and appraisement of the assets of the estate. ASSET DESCRIPTION FAIR MARKET VALUE DEBTS OWED ON ASSET, IF ANY. This the ______ day of _____________________, 20_____. _________________________________ Signature State of Alaska - 1 - ________________ Judicial District (or County of ________________) The foregoing instrument was acknowledged before me this ____________ day of ___________, ________________ by ____________________________________________ (signing party) ___________________________________ (marital status). ____________________________________ Notary Public Print Name __________________________ Serial Number, if any: _________________ My commission expires: - 2 - IN THE _________________ COURT OF _______________, COUNTY, ALASKA. In the Matter of the Estate of Case. No ______________ _______________________________ Deceased Closing Statement 1. I, ___________________________________, am the Personal Representative of this Estate. I hereby file this verified statement for the purpose of closing this estate pursuant to Alaska statute §13.16.695. 2. To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent; 3. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled to it; and 4. The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the administration to the distributees whose interests are affected. This Estate is not being administered by supervised personal representatives, and the closing of this Estate is not prohibited by Court Order. 5. I have furnished a full account in writing of the administration of this estate to the distributees whose interests are affected. I have read the foregoing Statement and know of my own knowledge that the facts stated therein are true and correct. This the ____ day of ______________, 20_____. ___________________________________ Signature - 1 - I _______ say on oath or affirm that I have read the foregoing (or attached) document and believe all statements made in the document are true. ____________________________________________ Signature Subscribed and sworn to or affirmed before me at ______________________ ________ on _________________________. (date) ____________________________________________ Signature of Officer ____________________________________________ Title of Officer Acknowledgment for Individual State of Alaska ________________ Judicial District (or County of ________________) The foregoing instrument was acknowledged before me this ____________ day of ___________, ________________ by ____________________________________________ (signing party) ___________________________________ (marital status). ____________________________________ Notary Public Print Name __________________________ Serial Number, if any: _________________ - 2 - Selected Alaska Statutes AS 13.06.110. Notice; Method and Time of Giving. (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the attorney. Notice shall be given (1) by mailing a copy of the notice at least 14 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known; (2) by delivering a copy thereof to the person being notified personally at least 14 days before the time set for the hearing; or (3) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three consecutive weeks, a copy of the notice in a newspaper having general circulation in the judicial district where the hearing is to be held, the last publication of which is to be at least 10 days before the time set for the hearing. (b) The court for good cause shown may provide for a different method or time of giving notice for any hearing. (c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. AS 13.16.080. Informal Probate or Appointment Proceedings; Application; Contents. (a) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following information: (1) every application for informal probate of a will or for informal appointment of a personal representative other than a special or successor representative, must contain the following: (A) a statement of the interest of the applicant; (B) the name and age of the decedent, the date of death of the decedent, the judicial district and state of the decedent's domicile at the time of death, and the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant; (C) if the decedent was not domiciled in the state at the time of death, a statement showing venue; (D) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated; (E) a statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere; (F) a statement that the time limit for informal probate as provided in AS 13.16.080 - 13.16.130 has not expired either because three years or less have passed since the - 1 - decedent's death, or, if more than three years from death have passed, that circumstances as described by AS 13.16.040 authorizing tardy probate or appointment have occurred; (2) an application for informal probate of a will must state the following in addition to the statements required by (1) of this subsection: (A) that the original of the decedent's last will is in the possession of the court, or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application; (B) that the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed; (C) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent's last will; (3) an application for informal appointment of a personal representative to administer an estate under a will must describe the will by date of execution and state the time and place of probate or the pending application or petition for probate; the application for appointment must adopt the statements in the application or petition for probate and state the name, address and priority for appointment of the person whose appointment is sought; (4) an application for informal appointment of an administrator in intestacy must state in addition to the statements required by (1) of this subsection: (A) that after the exercise of reasonable diligence the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under AS 13.06.060 , or a statement why any such instrument of which the applicant may be aware is not being probated; (B) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under AS 13.16.065 ; (5) an application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status must refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant; (6) an application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in AS 13.16.290 (c), or whose appointment has been terminated by death or removal, must adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the applicant; (b) By verifying an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant. AS 13.16.085. Informal Probate; Duty of Registrar; Effect of Informal Probate. Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by AS 13.16.090 shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. - 2 - No defect in the application or procedure relating to it which leads to informal probate of a will renders the probate void. AS 13.16.090. Informal Probate; Proof and Findings Required. (a) In an informal proceeding for original probate of a will, the registrar shall determine whether (1) the application is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief; (3) the applicant appears from the application to be an interested person as defined in AS 13.06.050 ; (4) on the basis of the statements in the application, venue is proper; (5) an original, duly executed and apparently unrevoked will is in the registrar's possession; (6) any notice required by AS 13.16.070 has been given and that the application is not within AS 13.16.095 ; and (7) it appears from the application that the time limit for original probate has not expired. (b) The application shall be denied if it indicates that a personal representative has been appointed in another judicial district of this state or, except as provided in (d) of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order. (c) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under AS 13.12.502 or 13.12.506 have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or the registrar may accept a sworn statement or affidavit of a person having knowledge of the circumstances of execution, whether or not the person was a witness to the will. (d) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated. (e) A will from a place which does not provide for probate of a will after death and which is not eligible for probate under (a) of this section, may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place. AS 13.16.105. Informal Probate; Notice Requirements. (a) The moving party must give notice as described by AS 13.06.110 of the party's application for informal probate (1) to any person demanding it under AS 13.16.070 , and (2) to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required. (b) If an informal probate is granted, within 30 days the applicant shall give written information of the probate to the heirs and devisees. The information shall include the name and address of the applicant, the name and location of the court granting the informal probate, and the date of the probate. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available - 3 - to the applicant. No duty to give information is incurred if a personal representative is appointed who is required to give the written information required by AS 13.16.360 . An applicant's failure to give information as required by this section is a breach of a duty to the heirs and devisees but does not affect the validity of the probate. AS 13.16.125. Informal Appointment Proceedings; Notice Requirements. The moving party must give notice as described by AS 13.06.110 of intention to seek an appointment informally (1) to any person demanding it under AS 13.16.070 ; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required. AS 13.16.680. Collection of Personal Property By Affidavit. (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that (1) the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $15,000; (2) 30 days have elapsed since the death of the decedent; (3) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (4) the claiming successor is entitled to payment or delivery of the property. (b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in (a) of this section. AS 13.16.690. Small Estates; Summary Administrative Procedure. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to it and filing a closing statement as provided in AS 13.16.695 . - 4 -