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If you are currently dealing with, or about to deal with, the Alaska state court system with respect to a probate or estate issue - the following information should be helpful to you.

Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the "heirs," or the descendant(s) of the estate.

What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a "petition" to open the estate and name a personal representative who is responsible for the administration of the deceased's property.

The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.


Alaska Probate Law

The state of Alaska has very specific probate procedures. You will want to approach Formal Testacy Proceedings carefully, if your probate is situated in the state of Alaska.

In Alaska "formal testacy proceeding" filings allude to litigation with respect to whether or not a will is valid under state law, or probate law. In formal testacy proceedings, you can begin the probate process of a will, even if that same will or another "conflicting will" has been informally probated. This stage of formal probate procedure determines whether one will has authority over informal or contested wills. This can be a serious probate issue in Alaska , as this may have immense impact on ones inheritance.

You will also have to handle debts and creditors the deceased may have left behind. You can seek counsel and advice as to the correct way to deal with these issues from your probate attorney. Your probate lawyer can help you accomplish tasks such as implementing public notice of the death, estate transfer, and other essential duties – in keeping with established Alaska probate laws.

You may also need to enlist the assistance of professional appraisers to help you evaluate and furnish a complete formal appraisal of the true value of your estate. During probate in the state of Alaska , the personal representative handles appraisal of the state's assets. If your personal representative employs an appraiser for the estate, he or she also may need to hire other appraisers to handle other sorts of assets. Alaska probate law permits this but insists that names and the addresses of all appraisers are displayed on the inventory list alongside all of the items they have appraised for the estate during probate.

Alaska probate allows for legitimate claims can be made against the estate in probate, however this process must be executed strictly in compliance with Alaska probate code. All claimants are permitted to mail claims to your personal representative. Claim forms to be used must be exactly as stipulated by the Alaska probate court clerk, in keeping with Alaska probate jurisdiction and time frame limitations.

It is always advisable to seek counsel with a probate attorney licensed in the state of Alaska on all of these critical matters.

Probate in Alaska

Alaska does not have a separate probate court. The Superior Court has jurisdiction over property rights, estate, mental health, and juvenile matters. The court allows jury trials in most cases.

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