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AK · rules

Alaska R. Prob. P. 9.1

Temporary Property Custodians

activein force · 1996-09-26 – presentact-effective-date

(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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