Alaska Statutes
Alaska Stat. § 13.16.150 (2026)
Formal testacy proceeding; notice of hearing on petition
✓ current as of July 2026
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Sec. 13.16.150. Formal testacy proceeding; notice of hearing on petition.
(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by AS 13.06.110 by the petitioner to the persons enumerated in this subsection and to any additional person who has filed a demand for notice under AS 13.16.070. Notice shall be given to the following persons: (1) the surviving spouse, children, and other heirs of the decedent; (2) the devisees and executors named in any will that is being, or has been probated or offered for informal or formal probate in the judicial district, or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere; and (3) any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.
(b) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at the last known address of the alleged decedent. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods: (1) by inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent; (2) by notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; (3) by engaging the services of an investigator; the costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by AS 13.06.110 by the petitioner to the persons enumerated in this subsection and to any additional person who has filed a demand for notice under AS 13.16.070. Notice shall be given to the following persons: (1) the surviving spouse, children, and other heirs of the decedent; (2) the devisees and executors named in any will that is being, or has been probated or offered for informal or formal probate in the judicial district, or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere; and (3) any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.
(b) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at the last known address of the alleged decedent. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods: (1) by inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent; (2) by notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; (3) by engaging the services of an investigator; the costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
Notes of Decisions
Cited in 2
cases, 2015–2017 · leading case: Est. of Seward, 401 P.3d 976 (Alaska 2017).
Est. of Seward, 401 P.3d 976 (Alaska 2017). “105(b) (requiring that after informal probate is initiated notice be given to decedent's “heirs”); AS 13.16.150(a) (requiring, at commencement of' formal proceedings, notice to "children" of decedent); see also AS 13.”
In Re the Est. of Bavilla, 343 P.3d 905 (Alaska 2015). “given to "devisees and executors named in any will that is being, or has been probated or offered for informal or formal probate" and to "any personal representative of the decedent whose appointment has not been terminated," among others.”
— Alaska Stat. § 13.16.150(a) — 2 cases
Est. of Seward, 401 P.3d 976 (Alaska 2017). “105(b) (requiring that after informal probate is initiated notice be given to decedent's “heirs”); AS 13.16.150(a) (requiring, at commencement of' formal proceedings, notice to "children" of decedent); see also AS 13.”
In Re the Est. of Bavilla, 343 P.3d 905 (Alaska 2015). “given to "devisees and executors named in any will that is being, or has been probated or offered for informal or formal probate" and to "any personal representative of the decedent whose appointment has not been terminated," among others.”
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