A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.
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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The court shall appoint counsel or a guardian ad litem only when the court specifically determines that the appointment is clearly authorized by law or rule, and that the person for whom the appointment is made is financially eligible for an appointment at public expense. (b)Appointments under AS 18.85.
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.
Allowances are special payments that the Personal Representative makes to family members of the person who died from estate property. Along with and exempt property they can total up to $55,000 (or more in some cases).
If you die without a will in Alaska, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether you are married, and whether your children are also your spouse's children.
Exempt property is personal property of the person who died, worth up to $10,000, that the Personal Representative must give to certain family members.
Under AS 12.65.105 Notice To Person Holding Property of Decedent: Alaska Statute 12.65. 105 allows you to release tangible personal property* of the decedent named below to the person who signs this affidavit (the affiant). However, you are not required to do so.
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).
