Alaska Statutes: AS 13.16.090. Informal Probate; Proof and Findings Required.

Alaska Statutes. Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts. Chapter 16. Probate of Wills and Administration Section 90. Informal Probate; Proof and Findings Required.

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AS 13.16.090. Informal Probate; Proof and Findings Required.

   (a) In an informal proceeding for original probate of a will, the registrar shall determine whether
        (1) the application 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) an original, duly executed and apparently unrevoked will is in the registrar's possession;
        (6) any notice required by AS 13.16.070 has been given and that the application is not within AS 13.16.095; and
        (7) it appears from the application that the time limit for original probate has not expired.
   (b) The application shall be denied if it indicates that a personal representative has been appointed in another judicial district of this state or, except as provided in (d) of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order.
   (c) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under AS 13.12.502 or 13.12.506 have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or the registrar may accept a sworn statement or affidavit of a person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
   (d) Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
   (e) A will from a place that does not provide for probate of a will after death and that is not eligible for probate under (a) of this section, may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.

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