Rule 1. Title—Scope—Construction—Situations Not Covered by the Rules

(a) Title. These rules will be known and cited as the

Probate Rules.

(b) Scope. These rules govern practice and procedure in

the trial courts in all phases of proceedings brought under Title

13 of the Alaska Statutes, proceedings related to the release of

personal property under AS 12.65.105 and AS 22.15.110(a)(3),

and mental commitments under AS 47.30.

(c) Construction. These rules will be construed and

applied to promote fairness, accurate fact-finding, and prompt

decisions.

(d) Legal Effect of Rules. These rules are promulgated

pursuant

to

Alaska

constitutional

authority

granting

rulemaking power to the Alaska Supreme Court. To the extent

that the rules are inconsistent with a procedural provision of

any Alaska statute not enacted for the specific purpose of

changing a rule, these rules supersede the statute.

(e) Situations Not Covered by the Rules. Where no

specific procedure is prescribed by these rules, the court may

proceed in any lawful manner, including application of the

Civil and Evidence Rules, applicable statutes, the Alaska and

United States Constitutions or common law. Such a procedure

may not be inconsistent with these rules and may not unduly

delay or otherwise interfere with the unique character and

purpose of probate proceedings.

(f) Definitions. For purposes of proceedings under AS

13.06 through AS 13.36, “minor” means a person who is under

18 years of age.

Note:

Chapter 64, SLA 2010 (SB 60), effective Septem-

ber 7, 2010, enacted changes relating to the Uniform Probate

Code. According to section 12(d) of the Act, AS 13.12.550, as

enacted by section 8 of the Act, has the effect of amending

Probate Rule 1 by establishing special hearing and notice

requirements for a hearing to determine the validity of a will or

a trust under AS 13.12.530 and 13.12.535, enacted by section 8

of the Act.

Cross References

(f) CROSS REFERENCE: AS 13.06.050.