Will Contest / Caveat Petition

WILL CONTEST / CAVEAT PETITION — ALASKA

TABLE OF CONTENTS

1. Pre-Filing Investigation Checklist
2. Petition for Formal Testacy Proceeding / To Set Aside or Prevent Informal Probate (AS 13.16.140)
3. Written Objections to Probate (AS 13.16.155)
4. Verification
5. Notice of Hearing
6. Certificate of Service
7. Burden of Proof and Deadlines (Alaska)
8. Alaska Practice Notes
9. Sources and References

1. PRE-FILING INVESTIGATION CHECKLIST

A. Decedent and Will Background

• ☐ Full legal name of decedent: [________________________________]
• ☐ Date of death: [__/__/____]
• ☐ Borough / judicial district of residence at death: [________________________________]
• ☐ Date propounded will signed: [__/__/____]
• ☐ Whether will was informally probated and date: [__/__/____]
• ☐ Probate case number: [________________________________]
• ☐ Personal representative appointed (name / date): [________________________________] / [__/__/____]

B. Capacity / Medical Investigation

• ☐ Treating physicians for 3 years pre-execution identified
• ☐ Medical, hospital, skilled-nursing, and hospice records ordered
• ☐ Cognitive testing (MMSE / MoCA / SLUMS) located
• ☐ Diagnosis of dementia, delirium, or psychosis identified
• ☐ Capacity expert retained (geriatric psychiatrist / neuropsychologist)

C. Prior Wills and Drafting History

• ☐ All prior wills and codicils located
• ☐ Pattern of dispositions analyzed (sudden change favoring new beneficiary?)
• ☐ Drafting attorney identified and file requested: [________________________________]
• ☐ Attesting witnesses and notary identified and located
• ☐ Self-proving affidavit (AS 13.12.504) reviewed

D. Undue Influence Indicators

• ☐ Vulnerability of decedent (age, illness, isolation, dependence)
• ☐ Influencer's role (caregiver, fiduciary, family member, agent under POA)
• ☐ Confidential relationship established
• ☐ Active procurement of the will by the proponent
• ☐ Inequitable / unnatural result

E. Standing

• ☐ Contestant's interest documented as an "interested person" under AS 13.06.050
• ☐ Pecuniary impact quantified (heir under intestacy or beneficiary under prior will)

2. PETITION FOR FORMAL TESTACY PROCEEDING / TO SET ASIDE OR PREVENT INFORMAL PROBATE (AS 13.16.140)

2.1 CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________] JUDICIAL DISTRICT AT [________________________________]

CASE NO. [________________________________] PR

PETITION FOR FORMAL TESTACY PROCEEDING AND TO [SET ASIDE / PREVENT] INFORMAL PROBATE (AS 13.16.140; AS 13.16.145)

[PETITIONER'S NAME] ("Petitioner") petitions this Court under AS 13.16.140 and AS 13.16.145 for a formal testacy proceeding and alleges:

2.2 PARTIES, JURISDICTION, AND STANDING

2.2.1 Petitioner [NAME] resides at [ADDRESS] and is an "interested person" within the meaning of AS 13.06.050 as the [relationship — e.g., surviving spouse / child / heir / devisee under a prior will dated __/__/____] of the decedent.

2.2.2 Decedent [NAME] died on [__/__/____], domiciled in [BOROUGH/CITY], Alaska, leaving property subject to administration in this judicial district. Venue is proper under AS 13.16.045.

2.2.3 An instrument dated [__/__/____] (the "Propounded Will") has been [informally probated on __/__/____ / offered for informal probate / is the subject of a pending application]. Petitioner requests that this Court determine the testacy of the decedent in relation to the Propounded Will and determine the heirs (AS 13.16.145(a)(1)).

2.2.4 Under AS 13.16.140(c), during the pendency of this formal testacy proceeding the registrar may not act upon any application for informal probate of any will of the decedent or for informal appointment of a personal representative.

2.2.5 The original of the Propounded Will [is in the possession of the Court / accompanies this Petition / is lost, destroyed, or otherwise unavailable and its contents are stated in Exhibit A] (AS 13.16.145(a)(3), (b)).

2.3 GROUNDS FOR DENYING PROBATE

Petitioner opposes probate of the Propounded Will for the following grounds, each pled in the alternative (AS 13.16.155):

FIRST — Lack of Testamentary Capacity (AS 13.12.501). At the time of execution the decedent was not of sound mind and lacked capacity to make a will under AS 13.12.501 in that the decedent was unable to understand the nature of the testamentary act, the nature and extent of the decedent's property, or the decedent's relationship to the natural objects of the decedent's bounty. Specifically: [state facts — diagnosis, age, cognitive findings].

SECOND — Undue Influence. The Propounded Will is the product of undue influence exercised over the decedent by [ALLEGED INFLUENCER], who [occupied a confidential relationship with decedent / actively procured the will / isolated decedent / controlled decedent's care, finances, and advisors], producing a disposition contrary to decedent's true intent and conferring an undue benefit on the influencer. Specifically: [state facts].

THIRD — Fraud / Duress / Mistake. The Propounded Will was procured by [fraud in the execution / fraud in the inducement / duress / mistake] in that [state facts].

FOURTH — Improper Execution (AS 13.12.502). The Propounded Will was not executed in compliance with AS 13.12.502 in that it was not [(a) in writing; (b) signed by the testator or in the testator's name by another in the testator's conscious presence and at the testator's direction; or (c) signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will], and it does not qualify as a valid holographic will under AS 13.12.502(b).

FIFTH — Revocation (AS 13.12.507). The Propounded Will was revoked before decedent's death by [a subsequent will dated __/__/____ / a writing executed with revocatory intent / a revocatory act (burning, tearing, canceling, obliterating, or destroying) performed by decedent or by another in decedent's conscious presence and at decedent's direction].

SIXTH — Later Will. Decedent executed a later will dated [__/__/____] that revokes the Propounded Will and is entitled to probate; under AS 13.16.170 the Court must first determine whether the later will is entitled to probate.

2.4 PRAYER FOR RELIEF

WHEREFORE, Petitioner requests that this Court, after notice and hearing under AS 13.16.150:

A. Enter an order denying formal probate of the Propounded Will and, if applicable, setting aside its informal probate (AS 13.16.180–13.16.190);

B. Determine the testacy status of the decedent and determine the heirs;

C. Admit to formal probate the valid prior or later will dated [__/__/____], or alternatively adjudge that the decedent died intestate;

D. Appoint [PROPOSED PERSONAL REPRESENTATIVE / ADMINISTRATOR] and, if appropriate, restrain the acting personal representative and appoint a special administrator (AS 13.16.140(d));

E. Award costs as allowed by law; and

F. Grant such other relief as is just.

Date: [__/__/____]

[________________________________]
[ATTORNEY NAME, ABA No.]
Attorney for Petitioner

3. WRITTEN OBJECTIONS TO PROBATE (AS 13.16.155)

3.1 CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________] JUDICIAL DISTRICT AT [________________________________]

CASE NO. [________________________________] PR

WRITTEN OBJECTIONS TO PROBATE OF WILL (AS 13.16.155)

[OBJECTOR'S NAME] ("Objector"), an interested person under AS 13.06.050, opposes the Petition for Formal Probate of the instrument dated [__/__/____] (the "Propounded Will") and states the following objections under AS 13.16.155:

1. Objector is the [relationship / pecuniary interest] of the decedent and would be adversely affected by admission of the Propounded Will.

2. Lack of testamentary capacity (AS 13.12.501): [state facts].

3. Undue influence: [state facts].

4. Fraud, duress, or mistake: [state facts].

5. Improper execution (AS 13.12.502): [state facts].

6. Revocation (AS 13.12.507): [state facts].

7. Later or prior valid will dated [__/__/____]: [state facts].

WHEREFORE, Objector requests that the Court deny probate of the Propounded Will, determine the heirs, admit any valid prior or later will, and grant such further relief as is just.

Date: [__/__/____]

[________________________________]
[ATTORNEY NAME, ABA No.]
Attorney for Objector

4. VERIFICATION

STATE OF ALASKA )
) ss.
[________] JUDICIAL DISTRICT )

I, [PETITIONER'S / OBJECTOR'S NAME], being first duly sworn, state that I am the [Petitioner / Objector] in the foregoing pleading, that I have read it, and that the matters stated in it are true of my own knowledge, except those matters stated on information and belief, and as to those matters I believe them to be true.

[________________________________]
[SIGNATURE]

SUBSCRIBED AND SWORN TO (or affirmed) before me on [__/__/____].

[________________________________]
Notary Public for Alaska
My commission expires: [__/__/____]

(SEAL)

5. NOTICE OF HEARING

TO: The personal representative, all devisees under the Propounded Will, the heirs of the decedent, and all other interested persons.

PLEASE TAKE NOTICE that the [Petition for Formal Testacy Proceeding / Written Objections to Probate] in the above-captioned estate will be heard before the Superior Court, [________] Judicial District at [________________________________], on [__/__/____] at [____] [a.m./p.m.] in Courtroom [____], or as soon thereafter as counsel may be heard. Notice is given as required by AS 13.16.150. Any interested person may appear and be heard. If you fail to appear, the Court may grant the relief requested without further notice.

Date: [__/__/____]

[________________________________]
[ATTORNEY NAME, ABA No.]
Attorney for [Petitioner / Objector]

6. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing was served on the following persons by the method indicated, as required by AS 13.16.150 and the Alaska Rules of Probate Procedure:

[________________________________]
[SIGNATURE OF SERVER / ATTORNEY]

7. BURDEN OF PROOF AND DEADLINES (ALASKA)

7.1 Burdens in Contested Cases (AS 13.16.170)

Each party bears the ultimate burden of persuasion on matters for which it carries the initial burden (AS 13.16.170). If a will is opposed by a later revoking will, the Court first determines whether the later will is entitled to probate; if opposed by a petition for intestacy, the Court first determines whether the will is entitled to probate (AS 13.16.170).

7.2 Deadlines

• No fixed post-admission contest clock; act before the AS 13.16.040 outer limit. A formal testacy proceeding may be commenced to set aside or prevent informal probate. Original testacy proceedings are generally subject to the three-year limitation of AS 13.16.040 (measured from the decedent's death), with exceptions; confirm application to your facts.
• Finality and vacation of a formal testacy order (AS 13.16.195). Once entered, a formal testacy order is final, subject to appeal and to the narrow vacation grounds in AS 13.16.195 (e.g., a later-discovered will or omitted heir of which the party was unaware). A petition to vacate must be filed before the earliest of: entry of the order approving final distribution (or six months after a closing statement); the AS 13.16.040 limit; or 12 months after entry of the order sought to be vacated (AS 13.16.195(a)(3)).
• Attesting-witness testimony (AS 13.16.165). In a contested case, the testimony of at least one attesting witness, if within the state, competent, and able to testify, is required; a will may otherwise be established by other evidence or competent witnesses.

8. ALASKA PRACTICE NOTES

1. No separate "caveat" statute. Unlike states with a Register-of-Wills caveat, Alaska channels will challenges through formal testacy proceedings (AS 13.16.140). To "caveat" an informal probate, file a petition to prevent or set aside informal probate and request a formal adjudication.

2. Effect on informal proceedings (AS 13.16.140(c)–(d)). Commencing a formal proceeding freezes new informal action by the registrar and bars further distribution by a previously appointed personal representative pending the formal proceeding; request a restraining order and a special administrator where distribution is a risk.

3. Interested person standing (AS 13.06.050). Standing requires a property or fiduciary stake affected by the outcome — typically an heir who would take in intestacy or a devisee under another will. Quantify the pecuniary impact in the petition.

4. Self-proved wills (AS 13.12.504). A self-proving affidavit removes the need for live witness testimony in uncontested matters, but a contest reopens execution and the affidavit is rebuttable; demand the attesting witnesses under AS 13.16.165.

5. Holographic wills (AS 13.12.502(b)). A will failing the two-witness rule may still be valid if the signature and material portions are in the testator's handwriting. Address the holographic fallback when alleging improper execution.

6. Burden allocation favors the contestant only after due execution. The proponent must make prima facie proof of due execution; the contestant then carries capacity, undue influence, fraud, duress, mistake, and revocation (AS 13.16.170).

7. Probate rules govern procedure. The Alaska Rules of Probate Procedure and Civil Rules supply notice, service, and pleading mechanics. Confirm current local practice and any electronic-will provisions enacted under recent amendments to AS 13.12.502 and AS 13.06.050.

9. SOURCES AND REFERENCES

• AS 13.16.140 — Formal testacy proceedings; nature; when commenced: https://law.justia.com/codes/alaska/title-13/chapter-16/article-4/
• AS 13.16.145 — Formal testacy proceeding; petition; contents
• AS 13.16.150 — Formal testacy proceeding; notice of hearing on petition
• AS 13.16.155 — Formal testacy proceeding; written objections to probate: https://law.justia.com/codes/alaska/title-13/chapter-16/article-4/section-13-16-155/
• AS 13.16.165 — Contested cases; testimony of attesting witnesses
• AS 13.16.170 — Burdens in contested cases: https://law.justia.com/codes/alaska/title-13/chapter-16/article-4/section-13-16-170/
• AS 13.16.195 — Effect of order; vacation: https://law.justia.com/codes/alaska/title-13/chapter-16/article-4/section-13-16-195/
• AS 13.16.040 — Limitations on probate / appointment proceedings
• AS 13.06.050 — Definitions (interested person; will)
• AS 13.12.501 — Who may make a will (capacity): https://law.justia.com/codes/alaska/title-13/chapter-12/article-5/section-13-12-501/
• AS 13.12.502 — Execution; witnessed wills; holographic wills: https://law.justia.com/codes/alaska/title-13/chapter-12/article-5/section-13-12-502/
• AS 13.12.505 — Interested witness
• Alaska Court System — Probate Laws, Rules & Cases: https://courts.alaska.gov/shc/probate/laws.htm
• Alaska Rules of Probate Procedure: https://courts.alaska.gov/rules/docs/prob.pdf