AK · rules
Alaska R. Prob. P. 9.1
Temporary Property Custodians
(a) Affidavit for Release of Property to Temporary
Property Custodian.
(1) An affidavit for release of tangible personal property
to a temporary property custodian under AS 12.65.105 must
include:
(A) the affiant’s name, mailing address, physical address,
telephone number, employer, date of birth, and driver’s license
number, state identification number, or passport number;
(B) the decedent’s name and date of death;
(C) decedent’s domicile at the time of death;
(D) the relationship between the affiant and the decedent;
(E) the name and address of any relatives of the decedent
who are known to the affiant;
(F) an acknowledgment that AS 12.65.105 authorizes the
affiant to take custody of tangible personal property only;
(G) an acknowledgment that the affiant is taking custody
of the property solely for the purpose of preserving the
property pending appointment of a personal representative or
other transfer under AS 13.16;
(H) an acknowledgment that the affiant is answerable and
accountable for the property to any personal representative of
the decedent’s estate or to another person having superior
right;
(I) an acknowledgment of the affiant’s duty under
subparagraph (a)(2) to mail or deliver a copy of the affidavit
and an inventory to the superior court;
(J) an acknowledgment of affiant’s duty under subparagraph (a)(3) to notify the Department of Revenue if the
property is not claimed; and
(K) notice to persons having possession of a decedent’s
property that they are not required to release the property to the
affiant.
(2) Upon receipt of property, the affiant must mail or
deliver a copy of the affidavit and an inventory to (A) the
superior court in the judicial district where the decedent was
domiciled at the time of death that is nearest to the place of
domicile; or (B) if the decedent was not domiciled in this state,
to the superior court in the judicial district where the property
was located at the time of death that is nearest to the location
of the property. The inventory must be signed by the affiant
and the person from whom the property was received and must
indicate where the property will be taken or held. The clerk
shall provide a copy of the affidavit and inventory to any
personal representative of the decedent’s estate.
(3) If the property is not claimed by the personal
representative of the decedent’s estate or another person
having superior right within three years after the decedent’s
death, and the affiant has no lawful claim to the property under
AS 13.16.005, the affiant must notify the Department of
Revenue that the affiant possesses property of a decedent that
appears to have passed to the state under AS 13.11.025 [AS
13.12.105 as of January 1, 1997] and to be subject to AS
34.45.280–34.45.780.
(b) Appointment of Temporary Property Custodian.
(1) An order appointing a temporary property custodian
under AS 22.15.110(a)(3) must:
(A) include the basis for the court’s finding that the
applicant is an appropriate person to assume temporary
custody of the decedent’s property;
(B) describe the property to be released to the custodian
and where the property will be taken; and
(C) specify what action the custodian must take if the
property is not claimed by the personal representative of the
decedent’s estate or another person having superior right, and
the custodian has no lawful claim to the property under AS
13.16.005.
(2) The court making the appointment shall send a copy
of the appointment order to (A) the superior court in the
judicial district where the decedent was domiciled at the time
of death that is nearest to the place of domicile; or (B) if the
decedent was not domiciled in this state, to the superior court
in the judicial district where the property was located at the
time of death that is nearest to the location of the property. The
clerk of that court shall provide a copy of the order to any
personal representative of the decedent’s estate.
History
(SCO 1261 effective September 26, 1996)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
00e5d577ef2e0fb60fb2c26f30a6da0086cc772ab567de1ebe998846a149cb53
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