AK · rules
Alaska R. Prob. P. 2
Appointment and Authority of Masters
(a) Appointment. The presiding judge may appoint a
standing master to conduct any or all of the probate
proceedings listed in subparagraph (b)(2). Appointment of
standing masters must be reviewed annually. A standing
master in probate shall serve as a registrar. The presiding judge
may appoint a special master to conduct a proceeding which is
specified in the order of reference and is listed in subparagraph
(b)(2).
(b) Authority, Order of Reference.
1.
An order of reference specifying the extent of the
master’s authority and the type of appointment must be entered
in every case assigned to a master. The order of reference must
be served on all parties.
2.
The following proceedings may be referred to a
master:
A. all decedent estate hearings;
B. guardianship, conservatorship, and protection from
financial abuse hearings under Title 13;
C. mental commitment, alcohol or substance abuse
commitment, and medication consent hearings under Title 47;
for mental commitment, alcohol or substance abuse commitment, and medication consent hearings under Title 47,
the master must file a transcript or electronic recording of the
proceedings with the master’s report;
D. hearings on trusts;
E. hearings on emancipations; and
F.
authorization of emergency life-saving procedures
pursuant to AS 13.26.140(f).
3.
A master’s report is not binding until approved by a
superior court judge pursuant to Civil Rule 53(d) and
paragraph (f) of this rule, except:
A. a master may enter orders without further approval of
the superior court pursuant to Civil Rule 53(b) and (c), and
paragraph (d) of this rule;
B. a master’s order of removal of a personal
representative and appointment of a successor personal
representative is effective pending superior court review;
C. a master’s orders authorizing hospitalization for
evaluation and for commitment to a treatment facility are
effective pending superior court review;
D. a master’s determination of a patient’s capacity to
give informed consent to medication under AS 47.30.839 is
effective pending superior court review; and
E. a master’s authorization of emergency life-saving
procedures pursuant to AS 13.26.140(f) is effective pending
superior court review.
(c) Objection to Reference to a Master. In addition to
the peremptory challenge of a master provided for in Civil
Rule 42(c), a party may object to the assignment of a master
for good cause. The procedural requirements of Civil Rule
42(c) apply to the objection.
(d) Standing Master’s Authority to Enter Orders. A
standing master is authorized to take the following actions
without further approval by a superior court judge:
1.
any actions authorized to be taken by a master as a
registrar;
2.
appoint counsel and guardians ad litem;
3.
order home studies, visitor’s reports, screening
investigations, and psychological, psychiatric, and medical
evaluations;
4.
set hearings and order continuances of the master’s
hearings;
5.
issue orders on motions requesting expedited review
pursuant to Civil Rule 77(g);
6.
accept and approve stipulations;
7.
review and approve uncontested orders on annual
review; and
8.
order mediation and other forms of alternative
dispute resolution under Probate Rule 4.5.
(e) Master’s Report, Recommendations. A master may
issue a written report or oral findings on the record concerning
an order or recommendation which must be approved by a
superior court judge.
(f) Objections to Master’s Report, Recommendations.
1.
Objections, Reply, Oral Argument. Objections to a
master’s report or recommendation must be filed within 10
days of the date of notice of the report as provided by Civil
Rule 58.1(c), unless the court otherwise provides. A reply to
the objections must be filed within three days of service of the
objections. The superior court may permit oral argument, order
additional briefing or the taking of further evidence, or grant a
hearing de novo.
2.
Request for Stay, Immediate Review. A party may
request that a superior court judge stay a master’s order issued
under paragraph (b)(3)(B)—(D) pending review of the order.
History
(SCO 1014 effective January 15, 1990; amended by SCO 1199 effective July 15, 1995; by SCO 1270 effective July 15, 1997; by SCO 1279 effective July 31, 1997; by SCO 1317 effective July 15, 1998; by SCO 1567 effective April 15, 2005; by SCO 1575 effective October 15, 2005; by SCO 1685 effective December 19, 2008; by SCO 1893 effective August 10, 2016; by SCO 1906 effective February 22, 2017; and by SCO 1910 effective October 16, 2017)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
9d91517be0eb1dac965c6c8e14a1fa417d1370367e89d3fac665809915cd16af
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