Short answer

Under Alaska law, the court looks first to the decedent’s will (if any) and then to statutorily ordered priority among interested persons when appointing a personal representative (administrator). Beyond priority, the court considers whether a proposed administrator is competent, willing to serve, able to perform estate duties, free of disqualifying issues (such as inability to post bond when required), and whether appointment would create conflicts with beneficiaries or creditors. For an overview of the probate statutes, see Alaska Statutes, Title 13 (Probate).

Alaska Statutes, Title 13 — Probate

Detailed answer — what courts consider and why

When a person dies, Alaska courts must appoint someone to gather assets, pay debts, and distribute the estate. The person who fills that role is usually called a personal representative (sometimes referred to as an administrator if there is no named executor). The court’s decision involves two main steps:

1. Determine who has priority or a valid nomination to serve; and
2. Evaluate whether the proposed person is fit and able to serve.

1. Priority and nominations

If the decedent left a valid will that names an executor or personal representative, Alaska courts generally honor that nomination. If there is no will or the nominated person is unwilling or disqualified, Alaska law provides a priority list of persons who may petition for appointment. The statute laying out probate and appointment rules is found in Alaska Statutes, Title 13.

Because a will’s nomination and statutory priority control who gets considered first, a practical first step is to check the will and talk to interested family members or heirs.

2. Fitness and suitability — typical factors the court evaluates

Even when a person has priority or is nominated, the court will consider whether appointment is appropriate. The court may consider many factors, including:

• Willingness to serve: The petitioner must accept the duties. Courts will not appoint someone who refuses.
• Age and capacity: The person must be an adult (and mentally competent to manage estate affairs).
• Residency or contactability: The court prefers someone the court can contact and who can reasonably manage estate affairs from or within Alaska; nonresident appointees sometimes must post a bond or appoint a local agent.
• Honesty and trustworthiness: The court evaluates whether the person has a record or conduct suggesting unfitness (for example, active fraud, demonstrated dishonesty, or a severe history of mismanagement). A prior criminal record alone does not automatically disqualify a person, but certain convictions or patterns of behavior may weigh against appointment.
• Conflicts of interest: The court checks whether appointment would create an unfair advantage or conflict (for example, where the proposed administrator stands to gain personally from transactions with the estate without appropriate safeguards).
• Ability to post bond: If the will does not waive bond and the court requires bond, the proposed administrator must be able to obtain the required surety. Bond protects creditors and beneficiaries against mismanagement.
• Availability and competence to perform duties: The court considers whether the person can devote time and has the skills (or can hire professionals) to inventory assets, collect claims, pay debts, file required tax returns, and distribute the estate.
• Relationship with beneficiaries and heirs: Courts may weigh whether family friction or antagonism would impede probate administration.
• Claims by creditors or pending litigation: If the proposed administrator is a party to litigation with the estate or a major creditor, the court may view that as a conflict.

3. Grounds to object or seek replacement

Interested persons (heirs, beneficiaries, or creditors) can object to an appointment if they believe the proposed administrator is unfit. Typical grounds for objection include evidence of incapacity, conflicts of interest, inability to obtain a required bond, criminal conduct bearing on honesty, or failure to follow statutory priority. If the court finds the objection valid, it may appoint another qualified person.

4. Bond, waivers, and alternatives

Court-ordered bond protects the estate from mismanagement. A will commonly waives bond for a nominated executor; if there is no waiver or the court deems it necessary, the court can require a bond. Alaska probate statutes and local rules explain bond amounts and procedures. If no suitable individual is available, the court can appoint a professional fiduciary or the state’s public administrator (in limited circumstances).

5. What evidence the court reviews

The court relies on the probate petition, the filed will (if any), sworn statements, background information, any criminal conviction records the parties provide, proof of bond or surety, and sometimes testimony at a hearing. The court also considers written objections from interested persons.

6. Practical examples (hypotheticals)

Example 1 — Will names daughter as executor: The daughter lives in Alaska, accepts the role, and can post bond. The court will usually appoint her unless evidence shows she is unfit.

Example 2 — No will, two competing petitions: Surviving spouse petitions first but is hospitalized and lacks capacity. An adult child petitions and is willing. The court may appoint the child if the spouse cannot perform duties.

Example 3 — Nonresident with criminal history: A nonresident nominated in the will has several felony convictions for financial fraud. Even if the will nominates that person, the court may require a bond, additional oversight, or decline appointment based on demonstrated risk.

Where to find the rules

Alaska’s probate statutes and rules provide the legal framework the court uses. For the statutory text and related provisions, see Alaska Statutes, Title 13 — Probate. If you need procedural rules, check the Alaska Court System’s probate rules and local court forms on the Alaska courts website.

Helpful Hints

• Locate the decedent’s will first. A valid nomination in a will has strong weight in Alaska probate.
• If you plan to serve, be prepared to demonstrate your ability to serve, post bond if required, and provide contact information and proof of identity.
• Collect basic documents: death certificate, will, list of assets, and contact info for heirs and creditors. These shorten court processing time.
• If you expect a bond requirement, contact a surety or insurance agent early to learn bonding costs and conditions.
• If someone objects to your appointment, respond quickly and consider getting legal counsel experienced in Alaska probate litigation.
• When in doubt, consult an Alaska probate attorney — they can review the will, explain statutory priority, help prepare the petition, and represent you at hearings.
• Remember: acting as administrator carries fiduciary duties — keep clear records, communicate with beneficiaries, and follow court instructions.