Request To Start Formal Probate And Appoint A Personal Representative When There is No Will {P-330}

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 FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL (Petition for Adjudication of Intestacy, Determination of Heirs, and Appointment of Personal Representative in a Formal Proceeding) 1. 2. Interest. I, , have an interest in this estate because: 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. Need for Formal Probate. This estate needs to be formally probated because: I do not have the original will. there is a dispute about the will. there is a dispute about who should be appointed as personal representative. I want to change from an informal probate to a formal probate. 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. 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. 3. 4. 5. Page 1 of 4 P-330 (8/15)(cs) AS 13.16.140, AS 13.16.145, AS 13.06.110 REQUEST TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL American LegalNet, Inc. www.FormsWorkFlow.com 6. Will. I exercised reasonable diligence to find out if the decedent had a valid will and: I could not find any unrevoked will made by the person who died. I found an unrevoked will made by the person who died but I do not think that will should be used because: . 7. 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) . Right to be Appointed as Personal Representative. The court should appoint me as personal representative because I am 19 years 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: Persons Have a Greater or Equal Right to Appointment. [Priority is determined in the following order: (1) individual nominated in a will, (2) surviving spouse if named in will to receive property, (3) others named in will to receive property, (4) surviving spouse, (5) someone with the right to inherit property from the person who died if no will was made, (6) 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 the personal representative: [IMPORTANT: Every person who has higher priority over you must consent by completing the Nomination for Appointment of Personal Representative with Lower Priority (Form P-306).] 8. 9. 10. Bond. [A bond is a cash payment or pledge of property that guarantees the personal representative will fulfill his or her duties. However, the requirement is commonly waived.] No bond is required because all known interested persons to receive property waived the bond requirement. Important: Each interested person must file a separate Waiver of Bond Requirement (Form P-334) or must have requested a waiver of the bond requirement in the Nomination for Appointment of Representative with Lower Priority (Form P-306). 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. Page 2 of 4 P-330 (8/15)(cs) AS 13.16.140, AS 13.16.145, AS 13.06.110 REQUEST TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL American LegalNet, Inc. www.FormsWorkFlow.com 11. Survivors of the Person Who Died. The person who died is survived by the persons listed below. [Include all biological and adopted children of the person who died, unless an adoption decree terminated their inheritance rights.] Relationship to Person Who Died Spouse Child 1 Child 2 Child 3 Parent Heir (person entitled to inherit property if no will had been made) Heir Name [if a minor child, provide the age and name of legal guardian] Address [Attach extra pages if necessary.] 12. 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 am aware of a demand for notice concerning the person who died from the following persons: 13. Notice. I notified the following about this request to start formal probate: the surviving spouse, children and other heirs; any current personal representative whose position has not been terminated; all persons with a greater or equal right to appointment as personal representative of this estate; to all known persons who may have an interest in the estate but their addresses are unknown by publishing in a newspaper as required by AS 13.06.110(a)(3); unknown persons who may have an interest in the estate by publishing in a newspaper as required by AS 13.06.110(a)(3); and all persons who filed a Demand for Notice. Page 3 of 4 P-330 (8/15)(cs) AS 13.16.140, AS 13.16.145, AS 13.06.110 REQUEST TO START FORMAL PROBATE AND APPOINT A PERSONAL REPRESENTATIVE WHEN THERE IS NO WILL American LegalNet, Inc. www.FormsWorkFlow.com Therefore, I request an order that the decedent left no will, and determining heirs; an order appointing me as personal representative of decedent's estate; and that l