Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 12. Intestacy, Wills, and Donative Transfers

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...

<< Previous

Next >>

Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions Chapter 12. Intestacy, Wills, and Donative Transfers

Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 12. Intestacy, Wills, and Donative Transfers