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Informal Probate

What is informal probate?

Informal probate is a court process that allows the Personal Representative to transfer the property of a person who died to the persons who are supposed to receive it with minimal court supervision. If a probate is necessary, this is the most common type.

An informal probate includes these steps:

In an informal probate, the Personal Representative can take these steps without asking the court for approval. Informal probate is simpler than formal probate. In fact, informal probate cases usually don’t require any hearings.

This section covers what to do when you want to (1) open an informal probate and (2) appoint a Personal Representative. If you want to do only one of these things or if one of these things has already been done, it is a good idea to talk to a probate lawyer.

You can watch a very short presentation on Starting an Informal Probate Case.

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Who can be the personal representative?

Alaska law establishes who has priority to serve as the personal representative of an estate.

This list shows the priority from highest to lowest:

  1. the will named you as the personal representative;
  2. you are the surviving spouse named in will to receive property;
  3. you are named in the will to receive property;
  4. you are the surviving spouse but there was no will or the will did not name you to receive property;
  5. there was no will but you have the right to inherit property from the person who died;
  6. you are a creditor.

Sometimes people who have priority to serve as the personal representative for an estate do not want to serve and instead want to nominate someone with equal or lower priority to be the personal representative.

Each person who has equal or higher priority over the nominated person must consent to the nominated person being the personal representative by filling out Nomination for Appointment of Personal Representative with Equal or Lower Priority, P-306. The person nominated to serve as the personal representative should file all completed Nomination forms with their request to start probate and appoint a personal representative with the court.

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How do I qualify for informal probate?

To qualify for informal probate, you must meet all of these requirements:

Some estates are small enough that they have fewer requirements and are called “small estates.” To determine if the estate qualifies as a small estate, prepare an Inventory of all property to determine the value. Then, add up the following:

If the total value of all estate property in the Inventory, after subtracting liens and debts against the property, is less than all of the above amounts added together, the estate qualifies as a small estate. Learn more about Small Estates.

If you do not meet the requirements for either informal probate or a small estate, you will usually need to petition for formal probate.

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How do I get started?

You will need to gather the following documents and file them with the court:

You will need to prepare the following documents and file them with the court. The forms you use depends on whether the person who died made a will:

Person Who Died Made a Will

Person Who Died Did NOT Make a Will

You can watch a very short presentation on Starting an Informal Probate Case.

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How do I request that the court open the informal probate and appoint the Personal Representative?

You must file a document to ask the court to open an informal probate and appoint you as Personal Representative. The form you file depends on whether the person who died made a Will.

If the person who died made a Will, you can file:

Request to Start Informal Probate and Appoint a Personal Representative When There Is a Will, P-315 [Fill-In PDF], plus any forms listed on form P-315 that you need for your situation. See FAQ “How do I Get Started?” for more information.

If the person who died did NOT make a Will, you can file:

Request to Start Informal Probate and Appoint a Personal Representative When There Is No Will, P-325 [Fill-In PDF], plus any forms listed on form P-315 that you need for your situation. See FAQ “How do I Get Started?” for more information.

*Important: You must sign a verification under oath saying that all of these statements are true and complete to the best of your knowledge and belief. You can do this before a notary or a court clerk.

If you have any questions, you should talk to a probate lawyer.

You can watch a very short presentation on Starting an Informal Probate Case.

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How do I prepare the Acceptance of Duties by Personal Representative and Letters?

You must file a document that

  1. states you accept your duties as Personal Representative, and
  2. proves that you have the right to be the Personal Representative.

The form you file depends on whether the person who died made a will.

If the person who died made a Will, you can file:

Acceptance of Duties by Personal Representative and Letters Testamentary by Court, P-335 [Fill-In PDF]

If the person who died did NOT make a Will, you can file:

Acceptance of Duties by Personal Representative and Letters of Administration by Court, P-336 [Fill-In PDF]

Sign the Statement of Acceptance before a notary. Do not sign the Letters. Leave a space for the court to sign the Letters when it appoints you as Personal Representative.

If you have any questions, you should talk to a probate lawyer.

You can watch a very short presentation on Starting an Informal Probate Case.

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How do I file bond?

Read more about filing a bond or waiving bond.

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How long does it take the court to open the informal probate and appoint a Personal Representative?

The court will not sign the Letters or appoint a Personal Representative until a certain amount of time has passed:

After the waiting period, the court usually takes anywhere from a few days to a few weeks to approve and sign the Letters.

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How will I know when I have been appointed as Personal Representative?

The court will mail the documents to you:

If the person who died made a Will, you will receive:

If the person who died did NOT make a Will, you will receive:

You can also pick the documents up directly from the court if you need them sooner. Call the court to find out whether they are ready.

It is a good idea to ask for 3 to 5 extra certified copies of the Letters since you will need to show the Letters to companies when you transfer property owned by the person who died. Many companies will ask to keep a certified copy for their records. The court charges a small fee for extra certified copies of the Letters.

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What do I do after I am appointed as Personal Representative?

For information on how to use the Letters and your duties as Personal Representative, see Personal Representative Duties and Responsibilities.

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Rev. 29 November 2023
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