Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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.

Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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 did NOT make a Will:

Atticus Fast Facts About Request To Start Informal Probate And Appoint A Personal Representative When There Is No Will

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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-325 - Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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 P-325, 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-325 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-325 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 Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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?

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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 P-325 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-325, and when in doubt— consult a qualified trust & estates lawyer for that area.

Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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-325 - Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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.

Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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 P-325 - Request To Start Informal Probate And Appoint A Personal Representative When There Is No 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 4 AS 13.16.080, .105 P-325 (5/21)(cs) REQUEST TO START INFORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO 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. REQUEST TO START INFORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL (Application for Informal Probate and Appointment of Personal Representative) 1. Interest. I, , have an interest in this estate because: 2. Person Who Died (Decedent). The decedent died on [date] at the age of _______. At least five full days have passed since the death. He or she lived in [city] , [state] at the time of death and considered this location to be his or her permanent home. 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, but had property located in this judicial district at the time of death. 4. Time. I am filing this probate case within the required time period because: three years or less have passed since the person died, OR more than three years have passed. STOP. Under Alaska law, you cannot open an estate case more than three years after the person died except in very limited circumstances. You should talk to a lawyer about your options and whether you can open a probate case. If you file this form, be aware that the court may dismiss the case unless you show a basis for filing this action under AS 13.16.040. 5. Will. To the best of my knowledge after a reasonable search, the person who died did not make a valid will about property in Alaska. 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. There is currently a personal representative of the estate. A court appointed [name] _______________________________ as personal representative who lives at [address] . Page 2 of 4 AS 13.16.080, .105 P-325 (5/21)(cs) REQUEST TO START INFORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL 7. Right to be Appointed as Personal Representative. The court should appoint me as personal representative because I am 19 years old or older and have priority to serve because: I am the surviving spouse. I am an heir (someone with the right to inherit property from the person who died if no will had been made). I am a creditor and 45 days have passed since the person died. Other: 8. Persons With a Greater or Equal Right to Appointment. [Priority is determined in the following order: (1) surviving spouse; (2) someone with the right to inherit property from the person who died if no will was made; (3) 45 days after the death of decedent; any creditor.] The following persons have a greater or equal right than I do to be appointed as personal representative: [IMPORTANT: Every person who has a greater or equal priority over you must consent by completing the Nomination for Appointment of Personal Representative with Lower Priority (Form P-306).] 9. Bond. [A bond is a cash payment or pledge of property that guarantees the personal representative will fulfill their duties. However, the requirement is commonly waived by all heirs.] I request the court waive the bond because all of the heirs agree to waive the bond requirement. [IMPORTANT: Each heir must file a separate written Waiver of Bond Requirement (Form P-334) or must have requested a waiver of the bond requirement in the Form P-306 already filed under section 8.] I request the court set the bond amount of $ _ because this amount covers the estimated value of the estate’s property and income for the next year. 10. Survivors of the Person Who Died. The person who died is survived by the persons listed below. [Include all biological or adopted children of the person who died, unless an adoption decree terminated their inheritance rights.] Relationship to Person Who Died Name [if a minor, provide their age and name of their legal guardian] Address Spouse Child 1 Child 2 Child 3 Parent Heir (person entitled to inherit property if no will had been made) Heir [Attach extra pages if necessary.] Page 3 of 4 AS 13.16.080, .105 P-325 (5/21)(cs) REQUEST TO START INFORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL 11. Demand for Notice. [Any interested person may file a document called a “demand for notice” that tells the personal representative and the court to send a copy of every document filed with the court to him or her.] I have not received a demand for notice concerning the person who died and do not know of any demand for notice that may have been filed in Alaska or elsewhere. I received or I am aware of a demand for notice concerning the person who died from the following persons: 12. Notice. I gave notice of this application to (1) all persons who filed a demand for notice, (2) all persons with a greater or equal right to appointment as personal representative of this estate, and (3) to any current personal representative whose position has not been terminated. Therefore, I request a court appoint me as personal representative of the estate and issue letters of administration. Date Signature of Applicant Printed Name Address Line 1 Phone Number Address Line 2 E-mail Address Verification I swear or affirm that I read this entire document and believe that all of the statements made in the document are true. Applicant's Signature Subscribed and sworn to or affirmed before me at , Alaska on . (date) (SEAL) Clerk of Court, Notary Public, or other person authorized to administer oaths. My commission expires: Page 4 of 4 AS 13.16.080, .105 P-325 (5/21)(cs) REQUEST TO START INFORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL Certificate of Service [You must give notice of this application to all persons listed in Section 12.] I certify that on a copy of this application was mailed hand delivered to: [list everyone served and attach extra pages if necessary] Your signature: