Alaska R. Prob. P. 2

As amended through March 21, 2024
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. 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.
(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.
(f)Objections to Master's Report, Recommendations.
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.

Alaska R. Prob. P. 2

SCO 1014 effective 1/15/1990; amended by SCO 1199 effective 7/15/1995; by SCO 1270 effective 7/15/1997; by SCO 1279 effective 7/31/1997; by SCO 1317 effective 7/15/1998; by SCO 1567 effective 4/15/2005; by SCO 1575 effective 10/15/2005; and by SCO 1685 effective 12/19/2008; by Supreme Court Order No. 1893, effective 8/10/2016; by SCO 1906 effective 2/22/2017; and by SCO 1910 effective 10/16/2017.