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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.
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.
After Filing the Petition If you are appointed the Personal Representative, the court will send you the Letters Testamentary (or Letters of Administration) once it is signed by the clerk or magistrate. This is the document that you will use to prove that you are authorized to act on behalf of the estate.
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).
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.
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.
Informal probate is simpler than formal probate. In fact, informal probate cases usually don't require any hearings. This section covers what to do when you want to (1) open an informal probate and (2) appoint a Personal Representative.