Alaska Petition to Probate Lost Will

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Multi-State
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US-02168BG
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Description

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.


The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If there is no Will, heirs of the deceased take on his death, so long as they survive by 120 hours. But they take "subject to administration," which means subject to a probate case being filed with the court.

A probate is required when a person dies and owns property that does not automatically pass to someone else, or the estate doesn't qualify to use the Affidavit for Collection of Personal Property procedure. A probate allows a Personal Representative to transfer legal title of that property to the proper persons.

In fact, many estates can be settled without any court involvement at all. Estates valued at less than $50,000, plus $100,000 worth of motor vehicles, can often avoid the probate process in court, provided the estate contains no real property (land or a home).

How do I get a copy of a will in Alaska? You can also contact the Superior Court for assistance in searching CourtView and ordering a copy of the will should you find a court case relating to your fathers will or estate. Contact information for the Superior Court in Juneau is published in the court directory.

How Long Do You Have to File Probate After Death in Alaska? There is no limit to when you can file a will with probate court after the deceased passes in Alaska.

Rule 12. Closing Estates. (a) Duty to Close Estates. When a personal representative has completed administration of the estate, the personal representative either shall petition to close the estate by formal closing under AS 13.16. 620 or AS 13.16. 625 or file a sworn statement under AS 13.16.

One of the easiest ways to avoid probate is to make sure that all of your financial accounts have designated beneficiaries on accounts. Assets that have these designated beneficiaries (sometimes called TOD's or POD's) automatically avoid probate. Alaska now has a law allowing Transfer Death Deeds.

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Alaska Petition to Probate Lost Will