Alaska Probate Form P-321

Order Starting Formal Probate And Appointing Pr When There Is A Will

Everything you need to know about Alaska Form P-321, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related AK probate forms.

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About Order Starting Formal Probate And Appointing Pr When There Is 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.

Order Starting Formal Probate And Appointing Pr When There Is 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:

Applicability: When the person who died made a Will:

Atticus Fast Facts About Order Starting Formal Probate And Appointing Pr When There Is A Will

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Starting Formal Probate And Appointing Pr When There Is 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 P-321 - Order Starting Formal Probate And Appointing Pr When There Is A Will up to date, certain details can change from time-to-time with little or no communication.

How to file Form P-321

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 P-321, 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 P-321 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 P-321 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 Order Starting Formal Probate And Appointing Pr When There Is 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Order Starting Formal Probate And Appointing Pr When There Is A Will is due

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 P-321 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 P-321, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form P-321 Online

Order Starting Formal Probate And Appointing Pr When There Is 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 P-321 - Order Starting Formal Probate And Appointing Pr When There Is 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.

Order Starting Formal Probate And Appointing Pr When There Is 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.

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Did you know?

  • Form P-321 - Order Starting Formal Probate And Appointing Pr When There Is A Will is a probate form in Alaska.

  • Applicability: When the person who died made a Will:

  • Alaska has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Alaska.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Alaska, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Order Starting Formal Probate And Appointing Pr When There Is A Will

Applicability: When the person who died made a Will:

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form P-321

Here’s the text, verbatim, that is found on Alaska Form P-321 - Order Starting Formal Probate And Appointing Pr When There Is 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 3 AS 13.16.065, .140, .180, & .230 P-321 (5/21)(cs) COURT’S ORDER TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS A WILL IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT In the Matter of the Estate of: ) ) ) ) ) ) Person Who Died (Decedent) ) Date of Birth: ) ) CASE NO. COURT’S ORDER TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS A WILL (Order Admitting Will to Probate and Appointing Personal Representative) A petition to open formal probate of the decedent’s will and appoint a personal representative was filed by . The court held a hearing on and now makes the following findings and order. FINDINGS 1. Interest. The requestor is a person with an interest in the estate because he or she is a spouse, relative, person named in the will, beneficiary, creditor, or fiduciary representing an interested person. 2. Person Who Died (Decedent). The decedent died on [date] . At least five full days have passed since the death. 3. Filing Location. This is the correct court to file in because the person who died: lived in this judicial district at the time of death. did not live in Alaska at the time of death; however, the person had property located in this judicial district at the time of death. 4. Time. The time for probate is within the required time period because: less than three years have passed since the person died. more than three years have passed but late probate is allowed under AS 13.16.040 because: 5. Will. The person who died made a valid will on [date] . The court has the original will (or an authenticated copy of the will probated in another jurisdiction). The court will accept a copy of the will rather than the original because: Page 2 of 3 AS 13.16.065, .140, .180, & .230 P-321 (5/21)(cs) COURT’S ORDER TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS A WILL 6. Current Personal Representative. No court has appointed a personal representative of the estate. A court appointed a personal representative, but later ended the appointment. A court appointed [name] as personal representative who lives at [address] . The requestor filed an authenticated copy of the will and a statement from the court where the will was first probated. 7. Right to be Appointed as Personal Representative. The court finds that [name] is 19 years or older and: has priority for appointment as personal representative. may be appointed as the personal representative because all persons with greater or equal priority to serve as personal representative have consented to the appointment. does not have priority for appointment as personal representative, but all those having greater or equal priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment and administration of the estate is necessary. 8. Heirs. The person who died is survived by the persons listed below. Name Relationship to Person Who Died [Attach extra pages if necessary.] 9. Additional Findings. 10. Notice. Any notice required by Alaska law has been given. Page 3 of 3 AS 13.16.065, .140, .180, & .230 P-321 (5/21)(cs) COURT’S ORDER TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS A WILL ORDER The court orders that: 1. The decedent’s will is admitted to formal probate. 2. No bond is required. A bond is required in the amount of $ . 3. The appointed personal representative is [name] , and he or she assumes the responsibilities after posting a bond, if required. 4. The court will issue Letters Testamentary after the personal representative files Form P- 335, Acceptance of Duties by Personal Representative and Letters Testamentary by Court. 5. Other: Date Signature of Judicial Officer Printed Name

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