Section 13.16.140. Formal testacy proceedings; nature; when commenced.

   (a) A formal testacy proceeding is litigation to determine whether a decedent left a valid will.  A formal testacy proceeding may be commenced by an interested person filing a petition as described in AS 13.16.145(a) in which the person requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application, or a petition in accordance with AS 13.16.145(b) for an order that the decedent died intestate.
   (b) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated.  A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
   (c) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
   (d) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding.  A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the personal representative's powers of office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.

Authorities

13.16.225;13.16.300

Notes

References

AS 13.16.225 Supervised administration; effect on other proceedings.
AS 13.16.300 Termination of appointment; change of testacy status.

History

(Sec. 1 ch 78 SLA 1972)