Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

Sec. 13.12.212. Right of election personal to surviving spouse; incapacitated surviving spouse. - (a) The right of election may be exercised only by...

Sec. 13.12.213. Waiver of right to elect and of other rights. - (a) The right of election of a surviving spouse and...

Sec. 13.12.214. Protection of payors and other third parties. - (a) Although under AS 13.12.205 a payment, item of property,...

Article 3. Spouse or Children Unprovided for in Wills.

Sec. 13.12.301. Entitlement of spouse; premarital will. - (a) If a testator's surviving spouse married the testator after...

Sec. 13.12.302. Omitted children. - (a) Except as provided in (b) of this section, if...

Article 4. Exempt Property and Allowances.

Sec. 13.12.401. Applicable law. - Except as provided in AS 13.06.068, AS 13.12.401 - 13.12.405...

Sec. 13.12.402. Homestead allowance. - A decedent's surviving spouse is entitled to a homestead allowance...

Sec. 13.12.403. Exempt property. - In addition to the homestead allowance, the decedent's surviving spouse...

Sec. 13.12.404. Family allowance. - (a) In addition to the right to homestead allowance and...

Sec. 13.12.405. Source, determination, and documentation. - (a) If the estate is otherwise sufficient, property specifically devised...

Article 5. Wills, Will Contracts, and Custody and Deposit of Wills.

Sec. 13.12.501. Who may make will. - An individual 18 or more years of age who is...

Sec. 13.12.502. Execution; witnessed wills; holographic wills. - (a) Except as provided in (b) of this section, AS...

Sec. 13.12.504. Self-proved will. - (a) A will may be simultaneously executed, attested, and made...

Sec. 13.12.505. Who may witness. - (a) An individual generally competent to be a witness may...

Sec. 13.12.506. Choice of law as to execution. - Except as provided by AS 13.06.068, a written will is...

Sec. 13.12.507. Revocation by writing or by act. - (a) A will or a part of a will is...

Sec. 13.12.508. Revocation by change of circumstances. - Except as provided in AS 13.12.803 and 13.12.804, a change...

Sec. 13.12.509. Revival of revoked will. - (a) If a subsequent will that wholly revoked a previous...

Sec. 13.12.510. Incorporation by reference. - A writing in existence when a will is executed may...

Sec. 13.12.511. Testamentary additions to trusts. - (a) A will may validly devise property to the trustee...

Sec. 13.12.512. Events of independent significance. - A will may dispose of property by reference to acts...

Sec. 13.12.513. Separate writing identifying devise of certain types of tangible personal property. - Whether or not the provisions relating to holographic wills apply,...

Sec. 13.12.514. Contracts concerning succession. - (a) A contract to make a will or devise, or...

Sec. 13.12.515. Deposit of will with court in testator's lifetime. - A will may be deposited by the testator or the...

Sec. 13.12.516. Duty of custodian of will; liability. - After the death of a testator and on request of...

Sec. 13.12.517. Penalty clause for contest. - A provision in a will purporting to penalize an interested...

Article 6. Establishment of Will and Trust Validity before Death.

Sec. 13.12.530. Establishment of will validity before death. - A testator, a person who is nominated in a will...

Sec. 13.12.535. Establishment of trust validity before death. - If at least one of the trustees of a trust...

Sec. 13.12.540. Venue. - (a) The venue for a petition under AS 13.12.530 is...

Sec. 13.12.545. Contents of petition for will validity. - A petition under AS 13.12.530 must contain (1) a statement...

Sec. 13.12.550. Contents of petition for trust validity. - (a) A petition for trust validity under AS 13.12.535 must...

Sec. 13.12.555. Declaration by court. - The court may declare a will or trust to be...

Sec. 13.12.560. Binding effect of declaration. - A person, whether the person is known, unknown, born, or...

Sec. 13.12.565. Hearing and notice. - (a) After the petition under AS 13.12.530 or 13.12.535 is...

Sec. 13.12.570. Burden of proof. - A petitioner under AS 13.12.530 or 13.12.535 has the burden...

Sec. 13.12.575. Change to will after declaration. - After a declaration of the validity of a will under...

Sec. 13.12.580. Change to trust after declaration. - After a declaration of validity under AS 13.12.555, a trust...

Sec. 13.12.585. Confidentiality. - (a) A notice of the filing of a petition under...

Sec. 13.12.590. Definitions. - In AS 13.12.530 - 13.12.590, (1) “qualified person” has the...

Article 7. Rules of Construction Applicable Only to Wills.

Sec. 13.12.601. Scope. - Except as provided in AS 13.06.068, in the absence of...

Sec. 13.12.602. Will may pass all property and after-acquired property. - A will may provide for the passage of all property...

Sec. 13.12.603. Antilapse; deceased devisee; class gifts. - (a) If a devisee fails to survive the testator and...

Sec. 13.12.604. Failure of testamentary provision. - (a) Except as provided in AS 13.12.603, a devise, other...

Sec. 13.12.605. Increase in securities; accessions. - (a) If a testator executes a will that devises securities...

Sec. 13.12.606. Nonademption of specific devises. - (a) A specific devisee has a right to the specifically...

Sec. 13.12.607. Nonexoneration. - A specific devise passes subject to any mortgage interest existing...

Sec. 13.12.608. Exercise of power of appointment. - In the absence of a requirement that a power of...

Sec. 13.12.609. Ademption by satisfaction. - (a) Property a testator gave in the testator's lifetime to...

Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments.

Sec. 13.12.701. Scope. - In the absence of a finding of a contrary intention,...

Sec. 13.12.702. Requirement of survival by 120 hours. - (a) For the purposes of AS 13.06 - AS 13.36,...

Sec. 13.12.703. Choice of law as to meaning and effect of governing instrument. - (a) The meaning and legal effect of a governing instrument...

Sec. 13.12.704. Power of appointment; meaning of specific reference requirement. - If a governing instrument creating a power of appointment expressly...

Sec. 13.12.705. Class gifts; terms of relationship. - (a) Adopted individuals and individuals born out of wedlock, and...

Sec. 13.12.706. Life insurance; retirement plan; account with pay on death designation; transfer on death registration; deceased beneficiary. - (a) If a beneficiary fails to survive the decedent and...

Sec. 13.12.707. Survivorship with respect to future interests under terms of trust; substitute takers. - (a) A future interest under the terms of a trust...

Sec. 13.12.708. Class gifts to “descendants,” “issue,” or “heirs of the body”; form of distribution if none specified. - If a class gift in favor of “descendants,” “issue,” or...

Sec. 13.12.709. Distribution by representation, per capita at each generation, and per stirpes. - (a) If an applicable statute or a governing instrument calls...

Sec. 13.12.710. Worthier-title doctrine abolished. - The doctrine of worthier title is abolished as a rule...

Sec. 13.12.711. Interests in heirs and other persons. - If an applicable statute or a governing instrument calls for...

Sec. 13.12.712. Nonademption of specific transfers in trust. - (a) Unless the trust provides otherwise, a beneficiary of a...

Sec. 13.12.720. Family-owned business deduction. - (a) If an individual includes a provision in a will,...

Article 9. General Provisions Concerning Probate and Nonprobate Transfers.

Sec. 13.12.802. Effect of divorce, annulment, and decree of separation. - (a) An individual who is divorced from the decedent or...

Sec. 13.12.803. Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations. - (a) An individual who feloniously kills the decedent forfeits all...

Sec. 13.12.804. Effect of divorce, annulment, and other changes of circumstances on probate and nonprobate transfers. - (a) Except as provided by the express terms of a...

Article 10. Miscellaneous Provisions.

Sec. 13.12.907. Honorary trusts; trusts for pets. - (a) Subject to (c) of this section, a trust may...

Sec. 13.12.912. International will; validity. - (a) Except as provided by AS 13.06.068, a will is...

Sec. 13.12.913. International will; requirements. - (a) The international will must be written. The will does...

Sec. 13.12.914. International will; other points of form. - (a) The signatures shall be placed at the end of...

Sec. 13.12.915. International will; certificate. - The authorized person shall attach to the international will a...

Sec. 13.12.916. International will; effect of certificate. - In the absence of evidence to the contrary, the certificate...

Sec. 13.12.917. International will; revocation. - An international will is subject to the ordinary rules of...

Sec. 13.12.918. Source and construction. - AS 13.12.912 - 13.12.917 and 13.12.921 derive from the Annex...

Sec. 13.12.919. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. - Individuals who are licensed to practice law in this state...

Sec. 13.12.920. International will information registration. - The Department of Commerce, Community, and Economic Development shall establish...

Sec. 13.12.921. Definitions for AS 13.12.912 - 13.12.921. - In AS 13.12.912 - 13.12.921, (1) “authorized person” and “person...

Chapter 16. Probate of Wills and Administration

Article 1. General Provisions.

Sec. 13.16.005. Devolution of estate at death; restrictions. - The power of a person to leave property by will,...

Sec. 13.16.010. Necessity of order of probate for will. - Except as provided in AS 13.16.680, to be effective to...

Sec. 13.16.015. Necessity of appointment for administration. - Except as otherwise provided in AS 13.21, to acquire the...

Sec. 13.16.020. Claims against decedent; necessity of administration. - A proceeding to enforce a claim against the estate of...

Sec. 13.16.025. Proceedings affecting devolution and administration; jurisdiction of subject matter. - Persons interested in decedents' estates may apply to the registrar...

Sec. 13.16.030. Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons. - In proceedings within the exclusive jurisdiction of the court where...

Sec. 13.16.035. Scope of proceedings; proceedings independent; exception. - Unless supervised administration as described in AS 13.16.215 - 13.16.235...

Sec. 13.16.040. Probate, testacy, and appointment proceedings; ultimate time limit. - (a) An informal probate or appointment proceeding or formal testacy...

Sec. 13.16.045. Statutes of limitation on decedent's cause of action. - No statute of limitation running on a cause of action...

Article 2. Venue for Probate and Administration; Priority to Administer; Demand for Notice.

Sec. 13.16.055. Venue for first and subsequent estate proceedings; location of property. - (a) Venue for the first informal or formal testacy or...

Sec. 13.16.060. Appointment or testacy proceedings; conflicting claim of domicile in another state. - If conflicting claims as to the domicile of a decedent...

Sec. 13.16.065. Priority among persons seeking appointment as personal representative. - (a) Whether the proceedings are formal or informal, persons who...

Sec. 13.16.070. Demand for notice of order or filing concerning decedent's estate. - Any person desiring notice of any order or filing pertaining...

Article 3. Informal Probate and Appointment Proceedings.

Sec. 13.16.080. Informal probate or appointment proceedings; application; contents. - (a) Applications for informal probate or informal appointment shall be...

Sec. 13.16.085. Informal probate; duty of registrar; effect of informal probate. - Upon receipt of an application requesting informal probate of a...

Sec. 13.16.090. Informal probate; proof and findings required. - (a) In an informal proceeding for original probate of a...

Sec. 13.16.095. Informal probate; unavailable in certain cases. - Applications for informal probate that relate to one or more...

Sec. 13.16.100. Informal probate; registrar not satisfied. - If the registrar is not satisfied that a will is...

Sec. 13.16.105. Informal probate; notice requirements; information distribution. - (a) The moving party must give notice as described by...

Sec. 13.16.110. Informal appointment proceedings; delay in order; duty of registrar; effect of appointment. - (a) Upon receipt of an application for informal appointment of...

Sec. 13.16.115. Informal appointment proceedings; determinations required; denial of application. - (a) In informal appointment proceedings, the registrar must determine whether...

Sec. 13.16.120. Informal appointment proceedings; registrar not satisfied. - If the registrar is not satisfied that a requested informal...

Sec. 13.16.125. Informal appointment proceedings; notice requirements. - The moving party must give notice as described by AS...

Sec. 13.16.130. Informal appointment unavailable in certain cases. - If an application for informal appointment indicates the existence of...

Article 4. Formal Testacy and Appointment Proceedings.

Sec. 13.16.140. Formal testacy proceedings; nature; when commenced. - (a) A formal testacy proceeding is litigation to determine whether...

Sec. 13.16.145. Formal testacy or appointment proceedings; petition; contents. - (a) Petitions for formal probate of a will, or for...

Sec. 13.16.150. Formal testacy proceeding; notice of hearing on petition. - (a) Upon commencement of a formal testacy proceeding, the court...

Sec. 13.16.155. Formal testacy proceedings; written objections to probate. - Any party to a formal proceeding who opposes the probate...

Sec. 13.16.160. Formal testacy proceedings; uncontested cases; hearings and proof. - If a petition in a testacy proceeding is unopposed, the...

Sec. 13.16.165. Formal testacy proceedings; contested cases; testimony of attesting witnesses. - (a) If evidence concerning execution of an attested will that...

Sec. 13.16.170. Formal testacy proceedings; burdens in contested cases. - In contested cases, petitioners who seek to establish intestacy have...

Sec. 13.16.175. Formal testacy proceedings; will construction; effect of final order in another jurisdiction. - Subject to AS 13.06.068, a final order of a court...

Sec. 13.16.180. Formal testacy proceedings; order; foreign will. - After the time required for any notice has expired, upon...

Sec. 13.16.185. Formal testacy proceedings; probate of more than one instrument. - If two or more instruments are offered for probate before...

Sec. 13.16.190. Formal testacy proceedings; partial intestacy. - If it becomes evident in the course of a formal...

Sec. 13.16.195. Formal testacy proceedings; effect of order; vacation. - (a) Subject to appeal and subject to vacation as provided...

Sec. 13.16.200. Formal testacy proceedings; vacation of order for other cause. - For good cause shown, an order in a formal testacy...

Sec. 13.16.205. Formal proceedings concerning appointment of personal representative. - (a) A formal proceeding for adjudication regarding the priority or...

Article 5. Supervised Administration.

Sec. 13.16.215. Supervised administration; nature of proceeding. - Supervised administration is a single in rem proceeding to secure...

Sec. 13.16.220. Supervised administration; petition; order. - A petition for supervised administration may be filed by any...

Sec. 13.16.225. Supervised administration; effect on other proceedings. - (a) The pendency of a proceeding for supervised administration of...

Sec. 13.16.230. Supervised administration; powers of personal representative. - Unless restricted by the court, a supervised personal representative has,...

Sec. 13.16.235. Supervised administration; interim orders; distribution and closing orders. - Unless otherwise ordered by the court, supervised administration is terminated...

Article 6. Personal Representative; Appointment, Control and Termination of Authority.

Sec. 13.16.245. Qualification. - Before receiving letters, a personal representative shall qualify by filing...

Sec. 13.16.250. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a personal representative submits personally to the...

Sec. 13.16.255. Bond required; exceptions. - A personal representative shall execute and file a bond with...

Sec. 13.16.260. Bond amount; security; procedure; reduction. - If bond is required and the provisions of the will...

Sec. 13.16.265. Demand for bond by interested person. - Any person apparently having an interest in the estate worth...

Sec. 13.16.270. Terms and conditions of bonds. - (a) The following requirements and provisions apply to any bond...

Sec. 13.16.275. Order restraining personal representative. - (a) On petition of any person who appears to have...

Sec. 13.16.280. Termination of appointment; general. - Termination of appointment of a personal representative occurs as indicated...

Sec. 13.16.285. Termination of appointment; death or disability. - The death of a personal representative or the appointment of...

Sec. 13.16.290. Termination of appointment; voluntary. - (a) An appointment of a personal representative terminates as provided...

Sec. 13.16.295. Termination of appointment by removal; cause; procedure. - (a) A person interested in the estate may petition for...

Sec. 13.16.300. Termination of appointment; change of testacy status. - Except as otherwise ordered in formal proceedings, the probate of...

Sec. 13.16.305. Successor personal representative. - AS 13.16.080 - 13.16.205 govern proceedings for appointment of a...

Sec. 13.16.310. Special administrator; appointment. - A special administrator may be appointed (1) informally by the...

Sec. 13.16.315. Special administrator; who may be appointed. - (a) If a special administrator is to be appointed pending...

Sec. 13.16.320. Special administrator appointed informally; powers and duties. - A special administrator appointed by the registrar in informal proceedings...

Sec. 13.16.325. Special administrator appointed by court; power and duties. - A special administrator appointed by order of the court in...

Sec. 13.16.330. Termination of appointment; special administrator. - The appointment of a special administrator terminates in accordance with...

Article 7. Duties and Powers of Personal Representatives.

Sec. 13.16.340. Time of accrual of duties and powers. - The duties and powers of a personal representative commence upon...

Sec. 13.16.345. Priority among different letters. - A person to whom general letters are issued first has...

Sec. 13.16.350. General duties; standard of care; relation and liability to persons interested in estate; standing to sue. - (a) A personal representative is a fiduciary who shall observe...

Sec. 13.16.355. Personal representative to proceed without court order; exception. - A personal representative shall proceed expeditiously with the settlement and...

Sec. 13.16.360. Duty of personal representative; information to heirs and devisees. - Not later than 30 days after appointment, every personal representative,...

Sec. 13.16.365. Duty of personal representative; inventory and appraisal. - (a) Within three months after appointment, a personal representative, who...

Sec. 13.16.370. Employment of appraisers. - The personal representative may employ a qualified and disinterested appraiser...

Sec. 13.16.375. Duty of personal representative; supplementary inventory. - If any property not included in the original inventory comes...

Sec. 13.16.380. Duty of personal representative; possession of estate. - Except as otherwise provided by a decedent's will, every personal...

Sec. 13.16.381. Disposition of unclaimed estate by personal representative. - When there is no taker of an intestate estate, or...

Sec. 13.16.385. Power to avoid transfers. - The property liable for the payment of unsecured debts of...

Sec. 13.16.390. Powers of personal representatives; in general. - Until termination of appointment, a personal representative has the same...

Sec. 13.16.395. Improper exercise of power; breach of fiduciary duty. - If the exercise of power concerning the estate is improper,...

Sec. 13.16.400. Sale, encumbrance, or transaction involving conflict of interest voidable; exceptions. - Any sale or encumbrance to the personal representative, the personal...

Sec. 13.16.405. Persons dealing with personal representative; protection. - A person who in good faith either assists a personal...

Sec. 13.16.410. Transactions authorized for personal representatives; exceptions. - Except as restricted or otherwise provided by the will or...

Sec. 13.16.415. Powers and duties of successor personal representative. - A successor personal representative has the same power and duty...

Sec. 13.16.420. Co-representatives; when joint action required. - If two or more persons are appointed co-representatives and unless...

Sec. 13.16.425. Powers of surviving personal representative. - Unless the terms of the will provide otherwise, every power...

Sec. 13.16.430. Compensation of personal representative. - A personal representative is entitled to reasonable compensation for services....

Sec. 13.16.435. Expenses in estate litigation. - If any personal representative or person nominated as personal representative...

Sec. 13.16.440. Review of employment of agents and other persons and compensation of personal representatives and other persons. - After notice to all interested persons or on petition of...

Article 8. Creditors' Claims.

Sec. 13.16.450. Notice to creditors. - Unless notice has already been given under this section, a...

Sec. 13.16.455. Statutes of limitations. - Unless an estate is insolvent, the personal representative, with the...

Sec. 13.16.460. Limitations on presentation of claims. - (a) All claims against a decedent's estate that arose before...

Sec. 13.16.465. Manner of presentation of claims. - Claims against a decedent's estate may be presented as follows:...

Sec. 13.16.470. Priority of claim payment and preference. - (a) If the applicable assets of the estate are insufficient...

Sec. 13.16.475. Allowance of claims. - (a) As to claims presented in the manner described in...

Sec. 13.16.480. Payment of claims. - (a) Upon the expiration of four months from the date...

Sec. 13.16.485. Individual liability of personal representative. - (a) Unless otherwise provided in the contract, a personal representative...

Sec. 13.16.490. Secured claims. - Payment of a secured claim is upon the basis of...

Sec. 13.16.495. Claims not due and contingent or unliquidated claims. - (a) If a claim that will become due at a...

Sec. 13.16.500. Counterclaims. - In allowing a claim the personal representative may deduct any...

Sec. 13.16.505. Execution and levies prohibited. - No execution may issue upon nor may any levy be...

Sec. 13.16.510. Compromise of claims. - When a claim against the estate has been presented in...

Sec. 13.16.515. Encumbered assets. - If any assets of the estate are encumbered by mortgage,...

Sec. 13.16.520. Administration in more than one state; duty of personal representative. - (a) All assets of estates being administered in this state...

Sec. 13.16.525. Final distribution to domiciliary representative. - The estate of a nonresident decedent being administered by a...

Sec. 13.16.530. Application to trustees. - Notwithstanding AS 13.16.450 - 13.16.525, the trustee of a trust...

Article 9. Special Provisions Relating to Distribution.

Sec. 13.16.535. Successors' rights if no administration. - In the absence of administration, the heirs and devisees are...

Sec. 13.16.540. Distribution; order in which assets appropriated; abatement. - (a) Except as provided in (b) of this section and...

Sec. 13.16.545. Right of retainer. - The amount of a noncontingent indebtedness of a successor to...

Sec. 13.16.555. Penalty clause for contest. - A provision in a will purporting to penalize any interested...

Sec. 13.16.560. Distribution in kind; valuation; method. - (a) Unless a contrary intention is indicated by the will,...

Sec. 13.16.565. Distribution in kind; evidence. - If distribution in kind is made, the personal representative shall...

Sec. 13.16.570. Distribution; right or title of distributee. - Proof that a distributee has received an instrument or deed...

Sec. 13.16.575. Improper distribution; liability of distributee. - Unless the distribution or payment no longer can be questioned...

Sec. 13.16.580. Purchasers from distributees protected. - If property distributed in kind or a security interest in...

Sec. 13.16.585. Partition for purpose of distribution. - When two or more heirs or devisees are entitled to...

Sec. 13.16.590. Private agreements among successors to decedent binding on personal representative. - Subject to the rights of creditors and taxing authorities, competent...

Sec. 13.16.595. Distributions to trustee. - (a) Before distributing to a trustee, the personal representative may...

Sec. 13.16.600. Disposition of unclaimed assets. - (a) If an heir, devisee, or claimant cannot be found,...

Sec. 13.16.605. Distribution to person under disability. - A personal representative may discharge the obligation to distribute to...

Sec. 13.16.610. Apportionment of estate taxes. - (a) Unless the will provides otherwise, the tax shall be...

Article 10. Closing Estates.

Sec. 13.16.620. Formal proceedings terminating administration; testate or intestate; order of general protection. - (a) A personal representative or any interested person may petition...

Sec. 13.16.625. Formal proceedings terminating testate administration; order construing will without adjudicating testacy. - A personal representative administering an estate under an informally probated...

Sec. 13.16.630. Closing estates; by sworn statement of personal representative. - (a) Unless prohibited by order of the court and except...

Sec. 13.16.635. Liability of distributees to claimants. - After assets of an estate have been distributed and subject...

Sec. 13.16.640. Limitations on proceedings against personal representative. - Unless previously barred by adjudication and except as provided in...

Sec. 13.16.645. Limitations on actions and proceedings against distributees. - Unless previously adjudicated in a formal testacy proceeding or in...

Sec. 13.16.650. Certificate discharging liens securing fiduciary performance. - After the appointment has terminated, the personal representative, the sureties...

Sec. 13.16.655. Subsequent administration. - If other property of the estate is discovered after an...

Article 11. Compromise of Controversies.

Sec. 13.16.665. Effect of approval of agreements. - A compromise of any controversy as to admission to probate...

Sec. 13.16.670. Procedure for securing court approval of compromise. - The procedure for securing court approval of a compromise is...

Article 12. Collection of Personal Property by Affidavit and Summary Administration Procedure.

Sec. 13.16.680. Collection of personal property by affidavit. - (a) Thirty days after the death of a decedent, any...

Sec. 13.16.685. Effect of affidavit. - The person paying, delivering, transferring, or issuing personal property or...

Sec. 13.16.690. Small estates; summary administrative procedure. - If it appears from the inventory and appraisal that the...

Sec. 13.16.695. Small estates; closing by sworn statement of personal representative. - (a) Unless prohibited by order of the court and except...

Sec. 13.16.700. Settlement directed by court. - When a judge receives information that a person has died...

Sec. 13.16.705. Inheritance of Native corporation stock. - (a) The settlement common stock or other inalienable stock in...

Chapter 21. Foreign Personal Representatives; Ancillary Administration

Article 1. Definitions.

Sec. 13.21.005. Definitions. - In this chapter, (1) “local administration” means administration by a...

Article 2. Powers of Foreign Personal Representatives.

Sec. 13.21.015. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. - At any time after the expiration of 60 days from...

Sec. 13.21.020. Payment or delivery discharges. - Payment or delivery made in good faith under the provisions...

Sec. 13.21.025. Resident creditor notice. - Payment or delivery under AS 13.21.015 may not be made...

Sec. 13.21.030. Proof of authority; bond. - If no local administration or application or petition therefor is...

Sec. 13.21.035. Powers. - A domiciliary foreign personal representative who has complied with AS...

Sec. 13.21.040. Power of representatives in transition. - The power of a domiciliary foreign personal representative under AS...

Sec. 13.21.045. Ancillary and other local administrations; provisions governing. - In respect to a nonresident decedent, the provisions of AS...

Article 3. Jurisdiction over Foreign Representatives.

Sec. 13.21.055. Jurisdiction by act of foreign personal representative. - A foreign personal representative submits personally to the jurisdiction of...

Sec. 13.21.060. Jurisdiction by act of decedent. - In addition to jurisdiction conferred by AS 13.21.055, a foreign...

Sec. 13.21.065. Service on foreign personal representative; time allowed for appearing or responding. - (a) Service of process may be made upon the foreign...

Article 4. Judgments and Personal Representative.

Sec. 13.21.075. Effect of adjudication for or against personal representative. - An adjudication rendered in any jurisdiction in favor of or...

Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney

Article 1. General Provisions.

Sec. 13.26.001. Adoption of standards of practice. - It is the policy of the state that all guardians...

Sec. 13.26.005. Definitions and use of terms. - Unless otherwise apparent from the context, in AS 13.06 -...

Sec. 13.26.010. Jurisdiction of subject matter; consolidation of proceedings. - (a) The court has jurisdiction over protective proceedings and guardianship...

Sec. 13.26.021. Court records of proceedings; access; sealing. - (a) A notice of the filing of a petition, a...

Sec. 13.26.031. Facility of payment or delivery. - Any person under a duty to pay or deliver money...

Sec. 13.26.041. Appointment of a guardian ad litem. - (a) Upon the request of a ward, protected person, or...

Sec. 13.26.051. Delegation of powers over incapacitated adult by parent or guardian. - A parent or a guardian of an adult incapacitated person,...

Sec. 13.26.066. Delegation of powers over minor child. - (a) A parent or a guardian of a minor child,...

Article 2. Guardians of Minors.

Sec. 13.26.101. Status of guardian of minor; general. - A person becomes a guardian of a minor by acceptance...

Sec. 13.26.121. Testamentary appointment of guardian of minor. - The parent of a minor may appoint by will a...

Sec. 13.26.126. Objection by minor of 14 or older to testamentary appointment. - A minor of 14 or more years may prevent an...

Sec. 13.26.132. Court appointment of guardian of minor; conditions for appointment. - The court may appoint a guardian for an unmarried minor...

Sec. 13.26.137. Venue for proceedings. - (a) The venue for guardianship proceedings for a minor is...

Sec. 13.26.143. Court appointment of guardian of minor; qualifications; priority of minor's nominee and adult family member. - The court may appoint as guardian any adult whose appointment...

Sec. 13.26.147. Court appointment of guardian of minor; procedure. - (a) Notice of the time and place of hearing of...

Sec. 13.26.153. Subsidized guardianship; procedure. - Procedures relating to subsidized guardianships for hard-to-place children are governed...

Sec. 13.26.157. Guardianship after voluntary relinquishment; procedure. - In addition to the applicable procedures under this chapter, a...

Sec. 13.26.162. Consent to service by acceptance of appointment; notice; letters of guardianship requirement. - By accepting a testamentary or court appointment as guardian, a...

Sec. 13.26.167. Powers and duties of guardian of minor. - A guardian of a minor has the powers and responsibilities...

Sec. 13.26.171. Termination of appointment of guardian; general. - A guardian's authority and responsibility terminate upon the death, resignation,...

Sec. 13.26.181. Proceedings subsequent to appointment; venue. - (a) The court where the ward resides has concurrent jurisdiction...

Sec. 13.26.186. Resignation or removal proceedings; appointment of attorney for minor. - (a) Any person interested in the welfare of a ward,...

Article 3. Guardians of Incapacitated Persons.

Sec. 13.26.201. Purpose and basis for guardianship. - Guardianship for an incapacitated person shall be used only as...

Sec. 13.26.211 Testamentary appointment of guardian for incapacitated person. - (a) The parent of an incapacitated person may by will...

Sec. 13.26.216. Venue. - The venue for guardianship proceedings for an incapacitated person is...

Sec. 13.26.221. Petition. - (a) Any person may petition the court for a finding...

Sec. 13.26.226. Initial court procedures. - (a) Upon the filing of a petition, the court shall...

Sec. 13.26.231. Notice of rights of respondent. - (a) Upon appointment, the visitor shall promptly (1) explain to...

Sec. 13.26.236. Visitor's report. - (a) The visitor shall file with the court an evaluation...

Sec. 13.26.241. Evaluations; right to remain silent; respondent's attorney or expert. - (a) A ward or respondent has the right to refuse...

Sec. 13.26.246. Duties and powers of attorney of ward or respondent. - (a) The principal duty of an attorney representing a ward...

Sec. 13.26.251. Hearing and determination. - (a) At the hearing scheduled under AS 13.26.226, the respondent...

Sec. 13.26.256. Psychotropic medication influencing wards or respondents at judicial hearings. - (a) A ward or respondent has a right to participate...

Sec. 13.26.261. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a guardian submits personally to the jurisdiction...

Sec. 13.26.266. Guardianship order. - (a) If the court or jury determines that a person...

Sec. 13.26.271. Guardianship implementation report. - Within 90 days after distribution of the order of appointment...

Sec. 13.26.276. Other reports. - (a) A guardian shall submit a report to the court...

Sec. 13.26.281. Termination of guardianship for incapacitated person. - (a) The authority and responsibility of a guardian for an...

Sec. 13.26.286. Removal or resignation of guardian; change in or termination of guardianship. - (a) On petition of the ward, the guardian, or any...

Sec. 13.26.291. Costs in guardianship proceedings. - (a) Subject to (d) of this section, the Alaska Court...

Sec. 13.26.296. Notices in guardianship proceedings. - (a) In a proceeding for the appointment, change in responsibilities,...

Sec. 13.26.301. Temporary guardians; authorization of services. - (a) If during the pendency of an initial petition for...

Sec. 13.26.306. Emergency powers. - Notwithstanding the limits of a temporary guardianship or guardianship order,...

Sec. 13.26.311. Who may be guardian; priorities. - (a) The court may appoint a competent person, including a...

Sec. 13.26.316. General powers and duties of guardian. - (a) A guardian shall diligently and in good faith carry...

Article 4. Protection of Property of Persons Under Disability and Minors.

Sec. 13.26.401. Protective proceedings. - Upon petition and after notice and hearing in accordance with...

Sec. 13.26.406. Protective proceedings; jurisdiction of affairs of protected persons. - Except as otherwise provided under AS 13.27.110, after the service...

Sec. 13.26.411. Venue. - Venue for proceedings under AS 13.26.401 - 13.26.575 is (1)...

Sec. 13.26.415. Original petition for appointment or protective order. - (a) The person to be protected, a person's attorney or...

Sec. 13.26.420. Notice. - (a) On a petition for appointment of a conservator or...

Sec. 13.26.425. Protective proceedings; request for notice; interested person. - Any interested person who desires to be notified before any...

Sec. 13.26.430. Procedure concerning hearing and order on original petition. - (a) Upon receipt of a petition for appointment of a...

Sec. 13.26.435. Permissible court orders. - The court has the following powers which may be exercised...

Sec. 13.26.440. Protective arrangements and single transactions authorized. - (a) If it is established in a proper proceeding that...

Sec. 13.26.445. Temporary conservators. - (a) If, during the pendency of an initial petition for...

Sec. 13.26.450. Ex parte protective orders. - (a) A person who is allowed to file a petition...

Sec. 13.26.455. Temporary protective orders; conversions. - On application filed with the court before the expiration of...

Sec. 13.26.460. Protective orders; modification; third-party compliance; forms; fees. - (a) The petitioner, respondent, or protected person, if the protected...

Sec. 13.26.465. Who may be appointed conservator; priorities. - (a) The court may appoint a competent person, including a...

Sec. 13.26.470. Bond. - (a) The court may require a conservator to furnish a...

Sec. 13.26.475. Terms and requirements of bonds. - (a) The following requirements and provisions apply to any bond...

Sec. 13.26.480. Acceptance of appointment; consent to jurisdiction; notice. - By accepting appointment, a conservator submits personally to the jurisdiction...

Sec. 13.26.485. Compensation and expenses. - If not otherwise compensated for services rendered, any visitor, lawyer,...

Sec. 13.26.490. Death, resignation, or removal of conservator. - The court may remove a conservator for good cause, upon...

Sec. 13.26.495. Petitions for orders subsequent to appointment. - (a) Any person interested in the welfare of a person...

Sec. 13.26.500. General duty of conservator. - In the exercise of powers, a conservator shall act as...

Sec. 13.26.505. Inventory, implementation report, and records. - Within 90 days after distribution of the order of appointment,...

Sec. 13.26.510. Accounts. - A conservator shall submit a report to the court at...

Sec. 13.26.515. Visitor reports. - (a) The initial visitor report of a visitor appointed under...

Sec. 13.26.520. Conservators; title by appointment. - The appointment of a conservator vests in the conservator title...

Sec. 13.26.525. Recording of conservator's letters. - Letters of conservatorship are evidence of transfer of all assets...

Sec. 13.26.530. Sale, encumbrance, or transaction involving conflict of interest voidable. - Any sale or encumbrance to a conservator, the conservator's spouse,...

Sec. 13.26.535. Persons dealing with conservators; protection. - A person who in good faith either assists a conservator...

Sec. 13.26.540. Powers of conservator in administration. - (a) A conservator has all of the powers conferred herein...

Sec. 13.26.545. Distributive duties and powers of conservator. - (a) A conservator may expend or distribute income or principal...

Sec. 13.26.550. Enlargement or limitation of powers of conservator. - Subject to the restrictions in AS 13.26.435(4), the court may...

Sec. 13.26.555. Preservation of estate plan. - In investing the estate, and in selecting assets of the...

Sec. 13.26.560. Claims against estate and protected person; enforcement. - (a) Subject to AS 13.26.545(e), a conservator shall pay from...

Sec. 13.26.565. Individual liability of conservator. - (a) Unless otherwise provided in the contract, a conservator is...

Sec. 13.26.570. Termination of proceeding. - The protected person, the protected person's personal representative, the conservator,...

Sec. 13.26.575. Payment of debt and delivery of property to foreign conservator without local proceedings. - (a) Any person indebted to a protected person, or having...

Sec. 13.26.580. Foreign conservators. - If no local conservator has been appointed and no petition...

Sec. 13.26.595. Definitions. - In AS 13.26.401 - 13.26.595, unless the context requires otherwise,...

Article 5. Powers of Attorney.

Sec. 13.26.600. Execution of power of attorney. - (a) A power of attorney executed in this state is...

Sec. 13.26.605. Agent's acceptance and liability. - (a) Except as otherwise provided in the power of attorney,...

Sec. 13.26.610. Agent's duties. - (a) Notwithstanding provisions in the power of attorney, an agent...

Sec. 13.26.615. Acceptance of power of attorney. - (a) A third party asked to accept a power of...

Sec. 13.26.620. Termination of power of attorney; agent's resignation; notice. - (a) Except as provided in AS 13.26.625, a power of...

Sec. 13.26.625. Powers of attorney not revoked until notice of death or incapacity. - (a) The death or incapacity of a principal who has...

Sec. 13.26.630. Powers of attorney held by public home care providers. - (a) A public home care provider may not accept a...

Sec. 13.26.635. Judicial relief. - (a) The following persons may petition a court in accordance...

Sec. 13.26.640. Relationship to other laws. - (a) Except as provided in (c) of this section, AS...

Sec. 13.26.645. Statutory form power of attorney. - A person who wishes to designate another as agent by...

Sec. 13.26.650. Additional optional provisions to statutory form power of attorney. - Each of the following provisions may be included in a...

Sec. 13.26.655. Completion of statutory form power of attorney. - (a) [Repealed, § 28 ch 50 SLA 2016.] (b) Special...

Sec. 13.26.660. Applicability of provisions of statutory form power of attorney. - In the instrument set out in AS 13.26.645 - 13.26.650,...

Sec. 13.26.665. Interpretation of provisions in statutory form power of attorney. - (a) In a statutory form power of attorney, the language...

Sec. 13.26.670. Validity of modified statutory form power of attorney. - A power of attorney that satisfies the requirements of AS...

Sec. 13.26.675. When statutory form power of attorney is not affected by incapacity of principal. - (a) The subsequent incapacity of a principal does not revoke...

Sec. 13.26.680. Provisions applicable to statutory form power of attorney. - (a) For purposes of AS 13.26.645 - 13.26.665, (1) the...

Sec. 13.26.695. Definitions. - In AS 13.26.600 - 13.26.695, (1) “benefits from government programs...

Article 6. Public Guardians.

Sec. 13.26.700. Purpose. - The legislature recognizes that many Alaskans, for reasons of incapacity...

Sec. 13.26.710. Public guardian. - (a) The office of public advocacy (AS 44.21.400) shall serve...

Sec. 13.26.720. Powers and duties of public guardian. - (a) The public guardian has the same powers and duties...

Sec. 13.26.730. Intervention by public guardian. - The public guardian may, on the public guardian's own motion...

Sec. 13.26.740. Staff; delegation of powers and duties. - The public guardian may employ staff and delegate to members...

Sec. 13.26.750. Allocation of costs of public guardian. - (a) The commissioner of administration may establish by regulation a...

Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Article 1. Application; Cooperation between Courts.

Sec. 13.27.010. International application of this chapter. - A court of this state may treat a foreign country...

Sec. 13.27.020. Communication between courts. - (a) A court of this state may communicate with a...

Sec. 13.27.030. Cooperation between courts. - (a) In a guardianship or protective proceeding in this state,...

Sec. 13.27.040. Taking testimony in another state. - (a) In a guardianship or protective proceeding, in addition to...

Article 2. Jurisdiction.

Sec. 13.27.100. Exclusive basis. - AS 13.27.100 - 13.27.180 provide the exclusive basis for subject...

Sec. 13.27.110. Jurisdiction. - A court of this state has jurisdiction to appoint a...

Sec. 13.27.120. Special jurisdiction. - (a) A court of this state lacking jurisdiction under AS...

Sec. 13.27.130. Exclusive and continuing jurisdiction. - Except as otherwise provided in AS 13.27.120, a court that...

Sec. 13.27.140. Appropriate forum. - (a) A court of this state having jurisdiction under AS...

Sec. 13.27.150. Jurisdiction declined by reason of conduct. - (a) If, at any time, a court of this state...

Sec. 13.27.160. Notice of proceeding. - If a petition for the appointment of a guardian or...

Sec. 13.27.170. Proceedings in more than one state. - Except for a petition for the appointment of a guardian...

Sec. 13.27.180. Definitions for AS 13.27.100 - 13.27.180. - In AS 13.27.100 - 13.27.180, (1) “emergency” means a circumstance...

Article 3. Transfer of Guardianship or Conservatorship.

Sec. 13.27.200. Petition to transfer guardianship or conservatorship to another state. - (a) A guardian or conservator appointed in this state may...

Sec. 13.27.210. Accepting guardianship or conservatorship transferred from another state. - (a) To confirm transfer of a guardianship or conservatorship transferred...

Article 4. Registration and Recognition of Orders from Other States.

Sec. 13.27.300. Registration of guardianship orders. - If a guardian has been appointed in another state and...

Sec. 13.27.310. Registration of protective orders. - If a conservator has been appointed in another state and...

Sec. 13.27.320. Effect of registration. - (a) On registration of a guardianship or protective order from...

Article 5. Miscellaneous Provisions.

Sec. 13.27.400. Uniformity of application and construction. - In applying and construing this chapter, consideration shall be given...

Sec. 13.27.410. Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, and supersedes 15 U.S.C. 7001, et...

Sec. 13.27.420. Relation to AS 13.26. - Nothing in this chapter limits the rights of an incapacitated...

Article 6. General Provisions.

Sec. 13.27.490. Definitions. - In this chapter, (1) “adult” means an individual who has...

Sec. 13.27.495. Short title. - This chapter may be cited as the Uniform Adult Guardianship...

Chapter 28. Uniform Recognition of Substitute Decision-Making Documents

Sec. 13.28.010. Validity of substitute decision-making document. - (a) A substitute decision-making document for property executed outside this...

Sec. 13.28.020. Meaning and effect of substitute decision-making document. - The meaning and effect of a substitute decision-making document and...

Sec. 13.28.030. Reliance on substitute decision-making document. - (a) Except as otherwise provided in AS 13.26.615, a person...

Sec. 13.28.040. Obligation to accept substitute decision-making document. - (a) Except as otherwise provided in (b) of this section...

Sec. 13.28.050. Remedies under other law. - The remedies under this chapter are not exclusive and do...

Sec. 13.28.060. Uniformity of application and construction. - In applying and construing this chapter, consideration shall be given...

Sec. 13.28.070. Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, or supersedes 15 U.S.C. 7001 -...

Sec. 13.28.090. Definitions. - In this chapter, (1) “decision maker” means a person authorized...

Sec. 13.28.095. Short title. - This chapter may be cited as the Uniform Recognition of...

Chapter 33. Nonprobate Transfers

Article 1. Provisions Relating to Effect of Death.

Sec. 13.33.101. Nonprobate transfers on death. - (a) A provision for a nonprobate transfer on death in...

Article 2. Single and Multiple Party Accounts.

Sec. 13.33.201. Definitions. - In AS 13.33.201 - 13.33.227, (1) “account” means a contract...

Sec. 13.33.202. Limitation on scope. - AS 13.33.201 - 13.33.227 do not apply to (1) an...

Sec. 13.33.203. Types of account; existing accounts. - (a) An account may be for a single party or...

Sec. 13.33.204. Forms. - (a) A contract of deposit that contains provisions in substantially...

Sec. 13.33.205. Designation of agent and termination of authority. - (a) By writing signed by all parties, the parties may...

Sec. 13.33.206. Applicability. - The provisions of AS 13.33.211 - 13.33.216 concerning beneficial ownership...

Sec. 13.33.211. Ownership during lifetime. - (a) During the lifetime of all parties, an account belongs...

Sec. 13.33.212. Rights at death. - (a) Except as otherwise provided in AS 13.33.201 - 13.33.227,...

Sec. 13.33.213. Alteration of rights. - (a) Rights at death under AS 13.33.212 are determined by...

Sec. 13.33.214. Accounts and transfers nontestamentary. - Except as provided in AS 13.12.201 - 13.12.214 or as...

Sec. 13.33.215. Rights of creditors and others. - (a) If other assets of the estate are insufficient, a...

Sec. 13.33.216. Community property and tenancy by the entirety. - (a) A deposit of community property in an account does...

Sec. 13.33.221. Authority of financial institution. - A financial institution may enter into a contract of deposit...

Sec. 13.33.222. Payment on multiple-party account. - A financial institution, on request, may pay sums on deposit...

Sec. 13.33.223. Payment on POD designation. - A financial institution, on request, may pay sums on deposit...

Sec. 13.33.224. Payment to designated agent. - A financial institution, on request of an agent under an...

Sec. 13.33.225. Payment to minor. - If a financial institution is required or permitted to make...

Sec. 13.33.226. Discharge. - (a) Payment made under AS 13.33.201 - 13.33.227 in accordance...

Sec. 13.33.227. Setoff. - Without qualifying any other statutory right to setoff or lien...

Article 3. Uniform Transfer-On-Death Security Registration Act.

Sec. 13.33.301. Definitions. - In AS 13.33.301 - 13.33.310, (1) “beneficiary form” means a...

Sec. 13.33.302. Registration in beneficiary form; sole or multiple ownership. - Only individuals whose registration of a security shows sole ownership...

Sec. 13.33.303. Registration in beneficiary form; applicable law. - (a) A security may be registered in beneficiary form if...

Sec. 13.33.304. Origination of registration in beneficiary form. - A security, whether evidenced by certificate or account, is registered...

Sec. 13.33.305. Form of registration in beneficiary form. - Registration in beneficiary form may be shown by the words...

Sec. 13.33.306. Effect, cancellation, and change of registration in beneficiary form. - The designation of a TOD beneficiary on a registration in...

Sec. 13.33.307. Ownership on death of owner. - On death of a sole owner or the last to...

Sec. 13.33.308. Protection of registering entity. - (a) A registering entity is not required to offer or...

Sec. 13.33.309. Nontestamentary transfer on death. - (a) A transfer on death resulting from a registration in...

Sec. 13.33.310. Terms, conditions, and forms for registration. - (a) A registering entity offering to accept registrations in beneficiary...

Chapter 36. Trust Administration

Article 1. Trust Registration; Foreign Trustee Qualification.

Sec. 13.36.005. Duty to register trusts. - (a) The trustee of a trust having its principal place...

Sec. 13.36.010. Registration procedures. - Registration shall be accomplished by filing a statement indicating the...

Sec. 13.36.015. Effect of registration. - (a) By registering a trust, or accepting the trusteeship of...

Sec. 13.36.020. Effect of failure to register. - A trustee who fails to register a trust in a...

Sec. 13.36.025. Qualification of foreign trustee. - (a) A foreign corporate trustee is required to qualify as...

Article 2. Jurisdiction of Court Concerning Trusts; Choice of Law; Venue; Situs.

Sec. 13.36.035. Court jurisdiction; choice of law. - (a) The court has exclusive jurisdiction of proceedings initiated by...

Sec. 13.36.040. Trust proceedings; venue. - Venue for proceedings under AS 13.36.035 involving registered trusts is...

Sec. 13.36.043. Change of situs to Alaska. - (a) The situs of a foreign trust is moved to...

Sec. 13.36.045. Trust proceedings; matters relating to foreign trusts. - (a) The court will not, over the objection of a...

Sec. 13.36.050. Concurrent jurisdiction; venue. - The court of the place in which the trust is...

Sec. 13.36.055. Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. - (a) On petition of an interested person, after notice to...

Sec. 13.36.060. Trust proceedings; initiation by notice; necessary parties. - Proceedings under AS 13.36.035 are initiated by filing a petition...

Article 3. Trustees.

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Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions