Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 16. Probate of Wills and Administration

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...

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Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions Chapter 16. Probate of Wills and Administration

Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 16. Probate of Wills and Administration