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.SCO 1014 effective 1/15/1990; amended by SCO 1188 effective 7/15/1995; by SCO 1261 effective 9/26/1996; by SCO 1279 effective 7/31/1997; by SCO 1612 effective 10/15/2006; and by SCO 1740 effective nunc pro tunc to9/7/2010; by Supreme Court Order No. 1893, effective 8/10/2016. Chapter 64, SLA 2010 (SB 60), effective September 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.
(f) CROSS REFERENCE: AS 13.06.050.