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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 620. Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection.
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Section 610. Apportionment of Estate Taxes.
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Section 625. Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy.
AS 13.16.620. Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection.
(a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The
personal representative may petition at any time, and any other interested person may petition after one year from the
appointment of the original personal representative except that no petition under this section may be entertained until
the time for presenting claims that arose before the death of the decedent has expired. The petition may request the
court to determine testacy, if not previously determined, to consider the final account or compel or approve an
accounting and distribution, to construe any will or determine heirs and adjudicate the final settlement and
distribution of the estate. After notice to all interested persons and hearing the court may enter an order or orders,
on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances
require, approving settlement and directing or approving distribution of the estate and discharging the personal
representative from further claim or demand of any interested person.
(b) If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy
proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and
after notice to the omitted or unnotified persons and other interested parties determined to be interested on the
assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding,
may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it
affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an
omitted or unnotified person, evidence received in the original testacy proceeding constitutes prima facie proof of due
execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior
proceedings determined this fact.
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