Alaska Statutes
Alaska Stat. § 13.16.275 (2026)
Order restraining personal representative
✓ current as of July 2026
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Sec. 13.16.275. Order restraining personal representative.
(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of the personal representative's office, or make any other order to secure proper performance of the personal representative's duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and the personal representative's attorney of record, if any, and to any other parties named defendant in the petition.
(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of the personal representative's office, or make any other order to secure proper performance of the personal representative's duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and the personal representative's attorney of record, if any, and to any other parties named defendant in the petition.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2024 · leading case: Hester v. Landau, 420 P.3d 1285 (Alaska 2018).
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). “First, AS 13.16.275(a) allows any interested person to petition the probate court for an order “to secure proper performance of the personal representative’s duty.”
Courtney Guerra, as Pers. Rep. of the Est. of James Francis Goard v. Robert Nesbitt & John Wallace, 542 P.3d 654 (Alaska 2024). “Under AS 13.16.275 Hester had the ability to petition for an order “to secure proper performance of the personal representative’s duty” upon showing that the “personal representative otherwise may take some action that would jeopardize unreasonably” her interest in the estate.”
— Alaska Stat. § 13.16.275(a) — 1 case
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). “First, AS 13.16.275(a) allows any interested person to petition the probate court for an order “to secure proper performance of the personal representative’s duty.”
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