Clearly explaining the probate process
Selecting the Personal Representative
Alaska Statute 13.16.065(a) outlines the priority among persons seeking appointment as personal representative. It is the same in either formal or informal probate proceedings.
An objection to an appointment must be made in formal proceedings, and does not negate the priority outline of 13.16.065(a).
Where there is an equal priority among the heirs of the estate, the court has some discretion in determining who to appoint as the personal representative. Where there is an equal priority to appointment as personal representative among heirs (for example, five children of the decedent), the consent of all heirs to the nomination of the personal representative is required in order to avoid formal proceedings.
No person is qualified to serve as Personal Representative who is under age 19. The remaining provisions of 13.16.065 further outline and explain various priority considerations in unusual circumstances (conservators, appointment of someone without priority, a person entitled to priority and 18 years of age, etc.).
1. The person named in the probatable will;
2. The surviving spouse of the decedent who is a devisee;
3. Other devisees of the decedent;
4. The surviving spouse of the decedent;
5. Other heirs of the decedent;
6. 45 days after the death of the decedent, any creditor.