Alaska Court System Self-Help

Some property automatically passes to someone else when a person dies. This is called nonprobate property. It usually includes property held with someone else or where the person who died named someone to automatically receive the property. Common examples include a bank account, life insurance benefits, retirement benefits, or real property when you have recorded a Transfer on Death Deed.

There are 3 options to handle the property of a person who died that does not automatically pass to someone else. This is called probate property. Two options require opening a probate court case. Figuring out if you have to go to probate court depends on many issues, like the amount of money involved, the type of property involved, and who is claiming the property. You can watch a very short presentation on Probate Options .

• Affidavit for Collection of Personal Property (no court case is needed)
• Informal Probate Some informal cases qualify for a simpler procedure called Small Estates.
• Formal Probate

Figuring out if you have to open a probate court case depends on many issues, like the amount of money involved, the type of property involved, and who is claiming the property.

The three types of probate procedures, each with different requirements, are: (1) Affidavit for Collection of Personal Property (no court case is needed), (2) Formal Probate, (3) Informal Probate. Some informal probate cases qualify for a simpler process called a Small Estate.

You should file the documents to open a probate in the court located in the Alaska Judicial District in which the person who died lived at the time of their death. This is called "venue."

To determine the correct judicial district, use the Alaska judicial district chart and follow these steps:

1. Find the community where the person who died lived. For example, Afognak.
2. The judicial district is listed next to the community. For example, 3rd.
3. Scroll to the last page to find all the Superior Court locations in that district.
4. Pick a Superior Court location in that district to file the probate case. Generally, only Superior Courts handle probate cases.

If you live near a court that is not on the list, you can call the court and ask if you can file there.

If the person who died did not live in Alaska, you may file the probate in any Alaska judicial district in which the person owned property or in any judicial district in which an Alaska fiduciary lives or does business if the fiduciary controls property owned by the person who died.

The funeral home will give you one certified copy of the Death Certificate when you make funeral arrangements for the person who died. It is helpful to file a certified copy with the court when you open the probate. Ask the funeral home for five to ten extra certified copies because you might need to give copies to others, such as banks, life insurance companies or retirement plan administrators. The funeral home charges a fee for certified copies of the Death Certificate. You can get more certified copies from the Alaska Health Analytics & Vital Records but it can sometimes take time to receive them.

Yes. If you have the original Will, you must give it to the probate court unless the person who died already gave their original Will to the probate court for safekeeping. The Will becomes a permanent part of the court file.

It can sometimes be hard to find the original Will made by the person who died. You should start by asking close family members where they think the original might be. You should look in the person's home, including in a file cabinets or safes. You can also ask the person's lawyer if they kept the original. If you think that the original Will might be in a safe deposit box and there is no surviving joint depositor, you will need to ask the probate court for a special order that allows you to access the box. You may want to talk to a probate lawyer if you need access to the person's safe deposit box to look for the original Will.

If you still can't find the Will or can only find a copy, you may still be able to probate the Will using the formal probate process. You will have to describe what the Will said or give the court a copy and tell the court what you think happened to the original Will.

You can file an "authenticated" (sometimes called a "certified") copy of the Will with the court. Ask the other court or the BIA to give you an authenticated copy of the Will to file with the Alaska probate court.

Yes. You can still use the probate process if the person who died did not have a will. The steps that must be taken are basically the same with or without a Will.

A Will does not control the probate process but it does control certain things such as who can serve as Personal Representative and who receives the property when the probate is finished. If the person who died made a Will, the Personal Representative named in the Will has the right to serve and the beneficiaries named in the Will usually receive the property. If the person who died did not make a valid Will, the state of Alaska decides who can serve as Personal Representative and what heirs receive the property in what amounts.

If the person who died left a valid will, they are said to have died "testate" and the probate process is one of "testacy." If the person who died did not have a will or died with a will that isn't valid, they are said to have died "intestate" and the probate process is one of "intestacy."

For more information, see Wills and Death Without a Will - Intestacy.