| The short answer is that it depends. However, there are a couple of steps.1) The estate must be opened, which means that the person who is named personal representative or an interested party who wants the estate opened (sometimes this is a creditor to the estate, sometimes this can be a person who wants to sue the estate for automobile injuries etc) must petition the court to have the estate opened.2) An estate inventory must be taken.
3) Publication in a known media (typically newspapers) must occur for four months.
4) A proposed final distribution must be filed with the court.
5) A petition must be made to close the estate.
You should also take in account that every time a hearing is requested, given the backlog, it’ll be at least a month before you get a hearing date. Thus, you must figure at least 8 months, even for small estates to go through the whole process, with no contentious issues.
| What are the documents that I should get, along with a will? |
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| Some of the items that you may want to consider having drafted for you include a general power of attorney, a power of attorney for medical care, an advance health directive (in Alaska, it’s a form that was created by statute to direct health care providers what you wished to have done in times of medical crisis and incapacity), and, if you have young children and a limited support network, guardianship paperwork that goes into effect if you become incapacitated or suddenly pass away.Things that you might want to prepare on your own can include information such as healthcare information(such as a list of your allergies, medications that you are currently taking, and physician information, should you become unable to speak), a packet on where to locate your valuables, information on bank accounts and assets, (so that your cash flow isn’t compromised for you or your children if you are unable to handle these matters personally), and a list of what items you specifically wish to give to family members. You want to be able to have a guardian for your children or a personal representative from your will be able to immediately apprise what needs to be done to protect your interests.
In Alaska, once you have a will that is executed (i.e. the will has been drafted by a professional, it has been witnessed by two witnesses who know you, and has been notarized by a notary public), then you can, for a $40 fee, deposit the original of your will at the courthouse. Your will is placed in a confidential file, and is only accessible by you. Should you wish to change your will at a later point in time, then you would withdraw a COPY of your will, get it re-drafted, and then submit the new ORIGINAL will and take out the old original will out of the will depository. Otherwise, if you take your original will out of the will depository, and something happens to it, (house fire etc) or you never get a new will drafted, there will be guaranteed problems going through the probate process.
| I’ve executed my will, now what? |
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| In Alaska, once you have a will that is executed (i.e. the will has been drafted by a professional, it has been witnessed by two witnesses who know you, and has been notarized by a notary public), then you can, for a $40 fee, deposit the original of your will at the courthouse. Your will is placed in a confidential file, and is only accessible by you. Should you wish to change your will at a later point in time, then you would withdraw a COPY of your will, get it re-drafted, and then submit the new ORIGINAL will and take out the old original will out of the will depository. Otherwise, if you take your original will out of the will depository, and something happens to it, (house fire etc) or you never get a new will drafted, there will be guaranteed problems going through the probate process. |
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