An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under AS 13.12.105.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 12. Intestacy, Wills, and Donative Transfers
Article 1. Intestate Succession.
Sec. 13.12.101. Intestate estate.
Sec. 13.12.102. Share of spouse.
Sec. 13.12.103. Share of heirs other than surviving spouse.
Sec. 13.12.104. Requirement that heir survive decedent for 120 hours.
Sec. 13.12.106. Representation.
Sec. 13.12.107. Kindred of half blood.
Sec. 13.12.108. After-born heirs.
Sec. 13.12.110. Debts to decedent.
Sec. 13.12.113. Individuals related to decedent through two lines.