Alaska Statutes
Alaska Stat. § 13.16.295 (2026)
Termination of appointment by removal; cause; procedure
✓ current as of July 2026
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Sec. 13.16.295. Termination of appointment by removal; cause; procedure.
(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in AS 13.16.275, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking appointment intentionally misrepresented material facts in the proceedings leading to appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment either personally or for a nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in AS 13.16.275, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking appointment intentionally misrepresented material facts in the proceedings leading to appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment either personally or for a nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1991–2024 · leading case: In Re the Est. of Fields, 219 P.3d 995 (Alaska 2009).
In Re the Est. of Fields, 219 P.3d 995 (Alaska 2009). “" At the same time Donnellan filed a petition on Elizabeth's behalf to remove Charles as personal representative pursuant to AS 13.16.295(a), 1 alleging that Charles had neglected to distribute the estate's interest in real property in Fairbanks, refused to provide information…”
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). “” Second, AS 13.16.295(a) permits an interested person to “petition for removal of a personal representative for cause at any time.”
Helgason v. Merriman, 36 P.3d 703 (Alaska 2001). “Cause for removal also exists "if it is shown that a personal representative or the person seeking appointment intentionally misrepresented material facts in the proceedings leading to appointment, or that the personal representative has disregarded an order of the court, has…”
Gudschinsky v. Hartill, 815 P.2d 851 (Alaska 1991). “The "best interests of the estate” standard is enunciated in AS 13.16.295(b). The November 10 findings and conclusions were amended on December 2, but there were no significant changes.”
Courtney Guerra, as Pers. Rep. of the Est. of James Francis Goard v. Robert Nesbitt & John Wallace, 542 P.3d 654 (Alaska 2024). “-12- 7683 also could and did petition under AS 13.16.295 to remove Nesbitt as personal representative.”
In the Matter of the Est. of Lionel D., In the Matter of the Est. of Lionel D. (Alaska 2022). “24 See AS 13.16.295(b) (“Cause for removal exists when .”
— Alaska Stat. § 13.16.295(a) — 2 cases
In Re the Est. of Fields, 219 P.3d 995 (Alaska 2009). “" At the same time Donnellan filed a petition on Elizabeth's behalf to remove Charles as personal representative pursuant to AS 13.16.295(a), 1 alleging that Charles had neglected to distribute the estate's interest in real property in Fairbanks, refused to provide information…”
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). “” Second, AS 13.16.295(a) permits an interested person to “petition for removal of a personal representative for cause at any time.”
— Alaska Stat. § 13.16.295(b) — 3 cases
Gudschinsky v. Hartill, 815 P.2d 851 (Alaska 1991). “The "best interests of the estate” standard is enunciated in AS 13.16.295(b). The November 10 findings and conclusions were amended on December 2, but there were no significant changes.”
Courtney Guerra, as Pers. Rep. of the Est. of James Francis Goard v. Robert Nesbitt & John Wallace, 542 P.3d 654 (Alaska 2024). “-12- 7683 also could and did petition under AS 13.16.295 to remove Nesbitt as personal representative.”
In the Matter of the Est. of Lionel D., In the Matter of the Est. of Lionel D. (Alaska 2022). “24 See AS 13.16.295(b) (“Cause for removal exists when .”
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