Rule 2. Appointment and Authority of Masters

(a) Appointment. The presiding judge may appoint a

standing master to conduct any or all of the probate

proceedings listed in subparagraph (b)(2). Appointment of

standing masters must be reviewed annually. A standing

master in probate shall serve as a registrar. The presiding judge

may appoint a special master to conduct a proceeding which is

specified in the order of reference and is listed in subparagraph

(b)(2).

(b) Authority, Order of Reference.

1.

An order of reference specifying the extent of the

master’s authority and the type of appointment must be entered

in every case assigned to a master. The order of reference must

be served on all parties.

2.

The following proceedings may be referred to a

master:

A. all decedent estate hearings;

B. guardianship, conservatorship, and protection from

financial abuse hearings under Title 13;

C. mental commitment, alcohol or substance abuse

commitment, and medication consent hearings under Title 47;

for

mental

commitment,

alcohol

or

substance

abuse

commitment, and medication consent hearings under Title 47,

the master must file a transcript or electronic recording of the

proceedings with the master’s report;

D. hearings on trusts;

E. hearings on emancipations; and

F.

authorization of emergency life-saving procedures

pursuant to AS 13.26.140(f).

3.

A master’s report is not binding until approved by a

superior court judge pursuant to Civil Rule 53(d) and

paragraph (f) of this rule, except:

A. a master may enter orders without further approval of

the superior court pursuant to Civil Rule 53(b) and (c), and

paragraph (d) of this rule;

B. a master’s order of removal of a personal

representative and appointment of a successor personal

representative is effective pending superior court review;

C. a master’s orders authorizing hospitalization for

evaluation and for commitment to a treatment facility are

effective pending superior court review;

D

ior court pursuant to Civil Rule 53(b) and (c), and

paragraph (d) of this rule;

B. a master’s order of removal of a personal

representative and appointment of a successor personal

representative is effective pending superior court review;

C. a master’s orders authorizing hospitalization for

evaluation and for commitment to a treatment facility are

effective pending superior court review;

D. a master’s determination of a patient’s capacity to

give informed consent to medication under AS 47.30.839 is

effective pending superior court review; and

E. a master’s authorization of emergency life-saving

procedures pursuant to AS 13.26.140(f) is effective pending

superior court review.

(c) Objection to Reference to a Master. In addition to

the peremptory challenge of a master provided for in Civil

Rule 42(c), a party may object to the assignment of a master

for good cause. The procedural requirements of Civil Rule

42(c) apply to the objection.

Rule 4.5

(d) Standing Master’s Authority to Enter Orders. A

standing master is authorized to take the following actions

without further approval by a superior court judge:

1.

any actions authorized to be taken by a master as a

registrar;

2.

appoint counsel and guardians ad litem;

3.

order home studies, visitor’s reports, screening

investigations, and psychological, psychiatric, and medical

evaluations;

4.

set hearings and order continuances of the master’s

hearings;

5.

issue orders on motions requesting expedited review

pursuant to Civil Rule 77(g);

6.

accept and approve stipulations;

7.

review and approve uncontested orders on annual

review; and

8.

order mediation and other forms of alternative

dispute resolution under Probate Rule 4.5.

(e) Master’s Report, Recommendations. A master may

issue a written report or oral findings on the record concerning

an order or recommendation which must be approved by a

superior court judge.

);

6.

accept and approve stipulations;

7.

review and approve uncontested orders on annual

review; and

8.

order mediation and other forms of alternative

dispute resolution under Probate Rule 4.5.

(e) Master’s Report, Recommendations. A master may

issue a written report or oral findings on the record concerning

an order or recommendation which must be approved by a

superior court judge.

(f) Objections to Master’s Report, Recommenda-

tions.

1.

Objections, Reply, Oral Argument. Objections to a

master’s report or recommendation must be filed within 10

days of the date of notice of the report as provided by Civil

Rule 58.1(c), unless the court otherwise provides. A reply to

the objections must be filed within three days of service of the

objections. The superior court may permit oral argument, order

additional briefing or the taking of further evidence, or grant a

hearing de novo.

2.

Request for Stay, Immediate Review. A party may

request that a superior court judge stay a master’s order issued

under paragraph (b)(3)(B)—(D) pending review of the order.