Section 13.16.115. Informal appointment proceedings; determinations required; denial of application.

   (a) In informal appointment proceedings, the registrar must determine whether
        (1) the application for informal appointment of a personal representative is complete;
        (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;
        (3) the applicant appears from the application to be an interested person as defined in AS 13.06.050;
        (4) on the basis of the statements in the application, venue is proper;
        (5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
        (6) any notice required by AS 13.16.070 has been given;
        (7) from the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.
   (b) Unless AS 13.16.300 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in AS 13.16.290(c) has been appointed in a judicial district of this state, that, unless the applicant is the domiciliary personal representative or the personal representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.

Authorities

13.16.110;13.26.545

Notes

References

AS 13.16.110 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
AS 13.26.545 Distributive duties and powers of conservator.

History

(Sec. 1 ch 78 SLA 1972; am Sec. 13 ch 56 SLA 1973)