Instructions For Accepting Guardianship Appointment Made In A Will

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions For Accepting Guardianship Appointment Made In A Will is a commonly used form within Alaska. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions For Accepting Guardianship Appointment Made In A Will

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Accepting Guardianship Appointment Made In A Will:

• This form pertains to the State of Alaska

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Alaska’s Form PG-651 - Instructions For Accepting Guardianship Appointment Made In A Will up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Alaska form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Alaska probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PG-651, take a break, and then review. Probate and estate settlement processes in AK are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PG-651 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PG-651 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions For Accepting Guardianship Appointment Made In A Will to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Alaska.

5 reasons you should submit PG-651 as quickly as possible:

1. The sooner you begin, the faster Alaska can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Alaska. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Alaska is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Alaska probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Alaska probate clerk or court for exact answers regarding Form PG-651, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Accepting Guardianship Appointment Made In A Will is one of the many probate court forms available for download through Atticus.

It may also be available through some Alaska probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Alaska.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PG-651 - Instructions For Accepting Guardianship Appointment Made In A Will f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Alaska probate court office.

Instructions For Accepting Guardianship Appointment Made In A Will is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Alaska-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Alaska Form PG-651 - Instructions For Accepting Guardianship Appointment Made In A Will. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 GUARDIANSHIP OF A MINOR INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL Introduction In a parent’s will, the parent may appoint a guardian for an unmarried minor child. This is called a “testamentary” appointment. In order for this appointment to become effective, the guardian must file an “acceptance” with the court as described in these instructions. Lawyers Before starting this process, it may help to talk to a lawyer who is familiar with guardianship procedure. If you are unsure about whether you should hire a lawyer, it is a good idea to talk to one about your case before you decide whether you can handle it alone. If you do not know a lawyer, you can call or write: Lawyer Referral Service of the Alaska Bar Association P.O. Box 100279, Anchorage, AK 99510-0279 Phone: 272-0352 or 800-770-9999 outside Anchorage (toll free within Alaska) Indian Children If the child is an “Indian child” (see definition below), you should talk to a lawyer about whether the federal Indian Child Welfare Act 1 requires you to give notice of this proceeding to additional people and whether those additional people have a right to intervene in the matter. Note that “Indian child” includes children who are members of an Alaska Native village or eligible for membership in a village as well as children who are members or eligible for membership in Indian tribes outside Alaska. Definitions of Some Terms Used in These Instructions 2 Indian child: Any unmarried person who is under the age of 18 and who is either (a) a member of an Indian tribe, or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. 3 Indian tribe: Any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary [of the Interior] because of their status as Indians, including any Alaska Native village as defined in section 1602(c) of Title 43. 4 1 25 U.S.C. § 1901 – 1923. The Indian Child Welfare Act (ICWA) is a federal law which establishes special procedures that must be followed whenever the placement of an Indian child is being decided. For more information about this, see page 3 of the PG-605 instructions. 2 AS 13.26.005. 3 25 U.S.C. § 1903(4). 4 25 U.S.C. § 1903(8). Page 2 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 Definitions, continued Minor: A minor is a person who is under 18 years of age. 5 Probate: For purposes of these instructions, a will is probated by filing it in court according to statutory procedures. Testamentary: Pertaining to a will. A “testamentary appointment” is an appointment made in a will. Ward: A ward is a person for whom a guardian has been appointed. 5 AS 13.06.050(29). Page 3 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 How To File Step 1. Fill out the attached Acceptance form (PG-652). If you are accepting guardianship of more than one child, fill out a separate Acceptance for each child. If two people (for example, a husband and wife) are appointed as guardian, you can both fill out and sign the same Acceptance form. Be sure to change “I” to “We” throughout the form. Fill in the top of the form as shown in the following illustration: IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT City Where Court is Located In the Matter of the Protective Proceeding of ) ) ) ) ) Name of Child Who Needs a Guardian ) CASE NO. Minor ) Estate Case No. xxx-xx-xxx PR Date of Birth: xx/xx/xx ) GUARDIAN’S ACCEPTANCE OF APPOINTMENT IN A WILL (AS 13.26.121) Print clearly, using black ink. a. Court Location. At the top of the form, fill in the location (city) where the parent’s will was filed for probate. This is the court where your acceptance must be filed. b. Case No. Leave this line blank. The court will assign a new case number. c. Estate Case No. Fill in the case number the court assigned when the will was filed for probate. d. In paragraph 6, check the box indicating whether both parents are deceased or just one parent is deceased. If one parent is still alive, the appointment of a guardian in the deceased parent’s will does not take effect unless there is a court order stating that the living parent is incapacitated 6 or that his/her parental rights have been terminated. 6 The term “incapacitated” is defined in AS 13.26.005. An example of a court order declaring a person to be incapacitated is an order appointing a full guardian for the person. Before a full guardian can be appointed, the court must determine that the person is incapacitated. Alaska Statutes, Title 13, Articles 3 and 4. Page 4 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 e. Paragraph 7 of the Acceptance form requires you to read Alaska Statute 13.26.167 about the duties and powers of a guardian of a minor. This statute is printed on page 8. f. Signature. Sign and date the Acceptance. You will also need to complete the “Verification” section that follows your signature. You must do this in front of a notary public. A court clerk can provide this notary service for you (at no charge) if you bring the Acceptance to court. You must bring a photo ID with you for the notarization. g. Certificate of Service. See Step 2 below about how to fill out this section. You must send a copy of your Acceptance to everyone to whom you send the notice of your appointment. Step 2. Fill in all the lines on the attached Notice to Minor Ward of Guardian’s Appointment and Minor’s Right to Object (PG-653) and sign it. Fill out the “Certificate of Service” section at the bottom of the Notice, showing when, how and to whom you are going to send the Notice. You must send it to: a. the child, and b. either (1) the person who takes care of the child, or (2) the child’s nearest adult relation. Step 3. If the child is age 14 or older, also fill out the top of the Minor’s Objection to Appointment of Testamentary Guardian form (PG-654, attached). Fill in the location of the court, the child’s name and the case number. Leave the rest blank. Step 4. Make copies of the Acceptance form and the Notice form for yourself and for each of the people to whom you are required to send the Notice. (You will file the original of both forms with the court.) If the child is age 14 or older, also make a copy for yourself of the Minor’s Objection form that you prepared in Step 3. (The original is for the child to use.) Step 5. Mail or personally deliver 7 copies of the Notice and the Acceptance to: a. the child (along with a Minor’s Objection form if the child is 14 or older), and b. either (1) the person who takes care of the child, or (2) the child’s nearest adult relation. Proof That Notice Was Given. After you send the Notice to everyone, you must file proof with the court that this has been done. Your proof is the original Notice form with your completed “certificate of service” at the bottom and your original signature at the bottom of the certificate. 7 AS 13.06.110. Page 5 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 Step 6. File the original Acceptance form and the original Notice form at the superior court filing location where the will was filed for probate. (See list of court addresses on page 7.) You can deliver these documents to the court in person or by mail. There is no filing fee. Note: If the will was filed for probate in another state, you must follow that state’s procedures for accepting the appointment. Step 7. If an Objection is Filed. If the child is age 14 or older, the child may file a written objection with the court opposing your appointment as guardian. The child must file the objection within 30 days after the child receives notice of your acceptance of the appointment. The child should also send you a copy of the objection. If the child files an objection, the court will schedule a hearing on the matter. The court clerk will notify you of the time and place of your hearing and the name of the judge or master who will preside. Step 8. Court Hearing. 8 The hearing will be before a judge or master. The child has the right to be present at the hearing. Usually these hearings are closed to the public. During the proceeding, the judge can appoint an attorney to represent the child if the judge determines that the child’s interests are or may be inadequately represented. 9 Step 9. Letters of Guardianship. 10 After you file your acceptance of the appointment, the court will issue a document called “Letters of Guardianship of a Minor” (form PG-635). You can get certified copies of this document from the court and use them if you need to prove to someone that you are the child’s guardian (for example, schools, hospitals, government agencies, etc.) 8 AS 13.26.147. 9 AS 13.26.186(c). 10 Probate Rule 15.1(e). Page 6 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 Additional Information A. Annual Reports A guardian appointed by will is not required to file an annual report unless ordered to do so by the court upon a showing of good cause. 11 B. Requests to Change the Guardianship At any time, the guardian, the child or any other interested party may ask the court to remove the guardian and replace him/her with another guardian, appoint a co-guardian, or end the guardianship. You may use court form PG-190, Petition for Review of Guardianship/Conservatorship, to ask the court to do this. Form PG-190 is available at any state court and on the court system’s website: http://www.state.ak.us/courts/forms/index.htm C. Termination of Guardianship The guardianship will end when the child turns age 18 unless it is terminated earlier by court order. 12 A guardian cannot simply stop performing the guardian’s duties without court permission before the child turns 18. If something happens that leads the guardian to believe the guardianship should end, the guardian must first file a request with the court. Form PG-190, described in paragraph “B” above, can be used for this. The Alaska Statute concerning termination of appointment of guardians states: “A guardian's authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination does not affect the guardian's liability for prior acts, nor the obligation to account for funds and assets of the ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.” AS 13.26.171. 11 Probate Rule 15.1(f). 12 AS 13.26.171. Page 7 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 SUPERIOR COURT FILING LOCATIONS FOR GUARDIANSHIPS ANCHORAGE: Probate Office, 303 K Street, Anchorage, AK 99501-2099 (264-0433) BETHEL: Box 130, Bethel, AK 99559-0130 (543-2298) CORDOVA: Box 898, Cordova, AK 99574-0898 (424-7312) DILLINGHAM: Box 909, Dillingham, AK 99576-0909 (842-5215) FAIRBANKS: Probate Dept., 101 Lacey Street, Fairbanks, AK 99701-4765 (452-9257) GLENNALLEN: Box 86, Glennallen, AK 99588-0086 (822-3405) HOMER: 3670 Lake St., Suite 400, Homer, AK 99603-7686 (235-8171) JUNEAU: Box 114100, Juneau, AK 99811-4100 (463-4707) KENAI: 125 Trading Bay Drive, Suite 100, Kenai, AK 99611-7717 (283-3110) KETCHIKAN: 415 Main St., Rm 400, Ketchikan, AK 99901-6399 (225-3195) KODIAK: 204 Mission Road, Rm 10, Kodiak, AK 99615-7312 (486-1600) KOTZEBUE: Box 317, Kotzebue, AK 99752-0317 (442-3208) NAKNEK: Box 229, Naknek, AK 99633-0229 (246-4240) NOME: Box 1110, Nome, AK 99762-1110 (443-5612) PALMER: 435 S. Denali, Palmer, AK 99645-6437 (746-8181) PETERSBURG: Box 1009, Petersburg, AK 99833-1009 (772-3824) SEWARD: Box 1929, Seward, AK 99664-1929 (224-3077) SITKA: 304 Lake St., Rm 203, Sitka, AK 99835-7759 (747-3291) UNALASKA: Box 245, Unalaska, AK 99685-0245 (581-1379) UTQIAĠVIK: Box 270, Utqiaġvik, AK 99723-0270 (852-4800) (Formerly BARROW) VALDEZ: Box 127, Valdez, AK 99686-0127 (835-2266) WRANGELL: Box 869, Wrangell, AK 99929-0869 (874-2311) If your nearest court is not on this list, check with that court to find out if guardianship cases can be filed there. Page 8 of 8 PG-651 (11/17)(cs) Probate Rule 15.1 INSTRUCTIONS FOR ACCEPTING AN APPOINTMENT MADE IN A WILL AS 13.26.101 - .186 Alaska Statute 13.26.167 Powers and Duties of Guardian of a Minor A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of a minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a guardian: (1) must take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward; (2) may receive money payable for the support of the ward to the ward's parent, guardian or custodian under the terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship; the guardian also may receive money or property of the ward paid or delivered by virtue of AS 13.26.031; any sums so received shall be applied to the ward's current needs for support, care and education; the guardian must exercise due care to conserve any excess for the ward's future needs unless a conservator has been appointed for the estate of the ward, in which case excess shall be paid over at least annually to the conservator; sums so received by the guardian may not be used for compensation for the guardian's services except as approved by order of court or as determined by a duly appointed conservator other than the guardian; a guardian may institute proceedings to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward; (3) may facilitate the ward's education, social, or other activities and authorize medical or other professional care, treatment, or advice; a guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented; a guardian may consent to the marriage or adoption of the ward; (4) must report the condition of the ward and of the ward's estate which has been subject to the guardian's possession or control, as ordered by court on petition of any person interested in the minor's welfare or as required by court rule. (§ 1 ch 78 SLA 1972; am § 26 ch 56 SLA 1973)