Alaska Probate Timeline

Most Alaska probates take six months to a year, according to the Alaska Court System, and some run longer. The floor comes from one date: the estate cannot close until at least six months after the first publication of the Notice to Creditors. Creditors have four months from that first publication to present claims, and the personal representative then has 60 more days to decide on each one. Publish early, and the clock starts early.

Alaska hears probate in the Superior Court. You file in the court location in the judicial district where the person who died lived, and in an informal case a standing master in probate acts as registrar. This page draws every date from the Court System's own self-help pages and probate forms, and it cites a statute section only where a Court System form prints that section. It explains how Alaska probate works. It does not tell you how the law applies to one estate, so confirm your own dates with the court location holding the file or with a licensed Alaska attorney.

Five clocks get blended together on most websites. Five days (or 30) is the wait before appointment. Three months is the inventory deadline. Four months is the creditor window. Six months is the earliest close. Three years is the point after which opening a probate gets hard. Each one answers a different question.

The Route Sets the Clock

Before any fact about the family, the route decides the pace. Alaska offers one path with no court case and three paths inside a probate case.

The small-estate route is the only probate route that skips the creditor clock. The Court System's test compares the estate value in the inventory, after liens and debts, against the homestead allowance, family allowance, exempt property, probate costs, funeral costs and medical costs of the last illness. When the allowances and costs are larger, the personal representative can transfer property right away without a Notice to Creditors. The test runs off the inventory, so even the fast route waits for the inventory to exist.

Days 1 to 30: Getting Appointed

Here is the first date. The Court System's Informal Probate page says the court will not sign the Letters or appoint a personal representative until a set time has passed, and the time depends on residence:

• Alaska resident: 5 days after the death.
• Non-resident: 30 days after the death, or 5 days if the will says Alaska law applies to the probate or you were already appointed personal representative in another state.

After that wait, the court usually takes a few days to a few weeks to approve and sign the Letters. The Court System's probate timeline chart puts appointment at "usually 1 to 3 weeks after date of filing." A death certificate can take several weeks to arrive, though the Court System notes that some judges accept a letter from the funeral home in the meantime.

Two 30-day duties follow the appointment.

1. Information to heirs and devisees. Form P-340, which prints AS 13.16.360 in its footer, tells the personal representative to send a copy within 30 days of appointment to everyone named in it. The notice gives the date of death, the date of appointment, and whether a bond was filed.
2. Bond, where someone asks for one. The Court System's chart gives 30 days after receiving a request for bond to file it, unless the will, the court, or the interested persons waived the requirement.

Month 3: The Inventory

The personal representative must prepare an Inventory of everything the person owned, valued as of the date of death, within three months of the date of appointment. Form P-370, footer AS 13.16.365, repeats the rule on its first line. The inventory decides whether the estate qualifies as a small estate, so it is the second gate on the fastest probate route.

Months 1 to 6: The Creditor Clock

The middle of an Alaska probate turns on the Notice to Creditors (form P-341, footer AS 13.16.450).

Publication. The personal representative publishes the notice once a week for three weeks in a row in a newspaper commonly read in the judicial district where the probate was filed, then files the newspaper's proof with form P-342, Affidavit of Publication. The notice tells creditors to present claims within four months after the date of the first publication or be forever barred. The Court System recommends publishing as soon as possible, because the estate cannot close until at least six months after that first date.

Known creditors. A creditor the personal representative knows about, or could reasonably find, must also get the notice by mail or delivery. Skip that step, and the Court System says that creditor has up to three years from the date of death to bring a claim. A personal representative who pays out the estate without notifying such a creditor may have to pay that claim from personal funds.

Claims that arise later run on their own clocks. Per the Court System's Debts and Creditors page, a claim based on a contract with the personal representative is due within four months after the personal representative failed to pay, and a claim arising after the death is due within four months after it arises. A secured creditor enforcing a mortgage or lien follows the contract and does not need to file a claim.

Three more dates hang off the four-month window.

1. The 60-day decision window. After the four months end, the personal representative has 60 more days to allow or disallow each claim. A claim with no decision is allowed at the end of those 60 days. The Court System's chart lists "within 4 months and 60 days of date of first publication" for disallowing claims.
2. The claimant's 60 days. Form P-345, footer AS 13.16.475, warns a disallowed claimant that it must petition the court or start a proceeding within 60 days of the mailing date of the notice, or the claim is barred forever.
3. Interest. Claims that are neither contract claims nor judgments carry interest at the legal rate beginning 60 days after the four-month period ends.

Read the four-month creditor bar in full before publishing, since that date sets the earliest close.

Month 9 and April 15: The Tax Dates

The Court System's timeline chart lists three federal dates beside the probate ones:

• Federal estate tax return (IRS Form 706), if required: within 9 months from the date of death.
• Disclaimers, filed with the probate court: within 9 months from the date of death.
• Final individual income tax return (Form 1040): by April 15 of the year after the death, with the estate's own income tax return usually due the same day where one is required.

Distribution: A 30-Day Objection Window

Distribution comes after the allowances and creditor claims are handled. Before transferring property, the personal representative may send a Proposal for Distribution. The Court System's Distribution page says each person receiving it has 30 days from mailing or hand delivery to object to the kind or value of the property they will receive, and a person who does not object in that time cannot object later. The proposal is optional, and it cuts off later objections to the property each person receives.

A mistake in distribution stays open longer. The same page says a person who received property they should not have must return it if the personal representative asks within three years after the death or one year after the distribution, whichever is later.

How an Alaska Estate Closes

Here is how the three closing doors work.

Informal estate, sworn statement. Form P-355, footer AS 13.16.630, has the personal representative swear that the first publication of the Notice to Creditors occurred more than six months ago, that claims and expenses are paid or provided for, that the assets are distributed, and that an accounting went to everyone affected (or they waived it). Any remaining claims must be paid within one year of filing the statement. The appointment then ends one year after filing as long as no proceeding involving the personal representative is pending. See the Alaska closing statement for the accounting that goes with it.

Small estate, sworn statement. Form P-350, footer AS 13.16.690 and AS 13.16.695, states that the estate value after liens and debts does not exceed the allowances, exempt property and listed costs. No six-month wait appears on the form, because no creditor notice ran. The personal representative keeps their powers for one year after filing, and the appointment ends automatically if no court proceedings are pending.

Formal estate, court order. The personal representative files a Request to Close Formal Estate and Approve Distribution (form P-360, footer AS 13.16.620 and AS 13.16.625). The Court System's chart says the court releases the personal representative "right away if hearing," compared with one year after a sworn statement.

What Pushes an Alaska Estate Past a Year

1. Publishing late. Every day the Notice to Creditors waits moves the four-month bar and the six-month floor with it.
2. An unnotified known creditor. That creditor keeps up to three years from death, and the personal representative carries the risk.
3. A will contest or another dispute. Challenging a will's validity or contents, objecting to the personal representative, or asking for supervision moves the case into formal probate. Notice of a hearing must be mailed at least 14 days before it, and any newspaper notice runs three weeks with the last publication at least 10 days before the hearing. Read how a will contest changes the timeline before filing one.
4. A disallowed claim. The claimant's 60-day window, and any hearing that follows, has to resolve before the estate closes.
5. A non-resident decedent. The 30-day wait before appointment adds time at the front.
6. Assets that are hard to find or transfer. The Court System names these, along with debts and disagreements among heirs, as the usual reasons for delay.

The Affidavit Route Waits 30 Days

The fastest Alaska route skips the court. AS 13.16.680, which the Court System reproduces word for word in form P-110 (4/17), lets a successor collect personal property 30 days after the death by affidavit, where no application or petition for a personal representative is pending or granted. The Court System's affidavit page lists the conditions:

• The person owned no real property, no matter how small its value, unless it passed automatically, such as through tenancy by the entirety or a transfer on death deed.
• Registered vehicles total $100,000 or less after liens. Snowmachines, ATVs, tractors, off-road equipment and boats do not count here.
• All other personal property totals $50,000 or less after liens, including bank accounts and the Permanent Fund Dividend.

These are two separate caps. An estate with $120,000 of trucks and $10,000 in the bank fails the vehicle cap even though the total is under $150,000. Check the faster affidavit route before opening a court file.

Three Years: When Opening Probate Gets Hard

The Court System says that once more than three years have passed since the death, only limited situations allow an informal or formal probate. Its listed options are a formal proceeding to determine heirs where there is no valid will, a limited testacy proceeding where there is one, or a personal representative with powers limited to transferring the property, with no power to handle creditor claims or wind up the person's affairs. Separately, form P-360 asks a personal representative closing a formal estate to confirm the death was more than one year ago.

If you are still choosing a route, start with how probate works in Alaska.

Frequently Asked Questions

How long does probate take in Alaska?

The Alaska Court System says probate usually takes between six months and a year, and often longer. The six-month end of that range comes from the creditor notice: the Court System says an estate cannot close until at least six months after the first date the Notice to Creditors is published. Debts, disagreements among heirs, and property that is hard to find or transfer all add time.

How soon after a death can an Alaska personal representative be appointed?

Five days after the death if the person who died was an Alaska resident. For a non-resident, the court waits 30 days, unless the will says Alaska law applies to the probate or the applicant was already appointed personal representative in another state, in which case the wait drops to 5 days. The Court System adds that, after the wait, the court usually takes a few days to a few weeks to sign the Letters.

How long do creditors have to file a claim in an Alaska probate?

Four months from the first date of publication of the Notice to Creditors, which runs once a week for three weeks in a row in a newspaper commonly read in the judicial district where the probate was filed. A creditor the personal representative knew about, or could reasonably have found, and did not notify has up to three years from the date of death.

What happens if the personal representative ignores a creditor claim?

After the four-month claim period ends, the personal representative has 60 more days to decide on each claim. The Court System says a claim that gets no decision in those 60 days is allowed at the end of the 60 days, the same as agreeing with it. A claimant who receives a Notice of Disallowance has 60 days from the mailing date to petition the court or start a proceeding.

Can an Alaska estate skip probate and the waiting periods?

Sometimes. The affidavit for collection of personal property needs no court case, but it cannot be used until 30 days after the death, and only where the person owned no real property that has to pass through probate, registered vehicles worth $100,000 or less, and other personal property worth $50,000 or less, each after subtracting liens.

Is there a deadline to open probate in Alaska?

The Court System says that once more than three years have passed since the death, only limited situations allow an informal or formal probate. Its listed options include a formal proceeding to determine heirs, a limited testacy proceeding where there is a will, or appointing a personal representative with powers limited to transferring the property.

Related Guides

• Alaska Probate Guide
• Alaska Creditor Claims
• Alaska Probate Accounting
• Alaska Small Estate Affidavit
• Alaska Will Contests

Sources:

• Title: Background Information about Probate. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/background.htm
• Title: Informal Probate. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/informal.htm
• Title: Debts and Creditors. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/debt.htm
• Title: Inventory and Management of Assets. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/inventory.htm
• Title: Distribution of Estate Assets. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/distribution.htm
• Title: Small Estates. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/small-estates.htm
• Title: Formal Probate. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/formal.htm
• Title: Collecting Personal Property without a Court Case. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/affidavit.htm
• Title: Form P-341, Notice to Creditors (AS 13.16.450). Publisher: Alaska Court System. Publication Date: Form revision 9/18. URL: https://public.courts.alaska.gov/web/forms/docs/p-341.pdf
• Title: Form P-340, Information to Heirs and Devisees (AS 13.16.360). Publisher: Alaska Court System. Publication Date: Form revision 11/17. URL: https://public.courts.alaska.gov/web/forms/docs/p-340.pdf
• Title: Form P-370, Inventory of Property (AS 13.16.365). Publisher: Alaska Court System. Publication Date: Form revision 7/14. URL: https://public.courts.alaska.gov/web/forms/docs/p-370.pdf
• Title: Form P-345, Notice of Allowance or Disallowance of Claim (AS 13.16.475). Publisher: Alaska Court System. Publication Date: Form revision 7/14. URL: https://public.courts.alaska.gov/web/forms/docs/p-345.pdf
• Title: Form P-355, Sworn Statement of Personal Representative to Close Informal Estate (AS 13.16.630). Publisher: Alaska Court System. Publication Date: Form revision 7/22. URL: https://public.courts.alaska.gov/web/forms/docs/p-355.pdf
• Title: Form P-350, Sworn Statement of Personal Representative Closing Small Estate (AS 13.16.690, AS 13.16.695). Publisher: Alaska Court System. Publication Date: Form revision 7/22. URL: https://public.courts.alaska.gov/web/forms/docs/p-350.pdf
• Title: Form P-360, Request to Close Formal Estate and Approve Distribution (AS 13.16.620, AS 13.16.625). Publisher: Alaska Court System. Publication Date: Form revision 8/15. URL: https://public.courts.alaska.gov/web/forms/docs/p-360.pdf
• Title: Form P-110, Affidavit for Collection of Personal Property of Decedent (reproduces AS 13.16.680). Publisher: Alaska Court System. Publication Date: Form revision 4/17. URL: https://public.courts.alaska.gov/web/forms/docs/p-110.pdf

It is not legal advice.