Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.06.005 Short title.
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AS 13.06 — AS 13.36 shall be known and may be cited as the Uniform Probate Code.
AS 13.06.010 Purposes; rule of construction.
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(a) AS 13.06 — AS 13.36 shall be liberally construed and applied to promote their underlying purposes and policies. (b) The underlying purposes and policies of AS 13.06 — AS 13.36 are to (1) simplify and clarify the law concerning the affairs of decedents, missing persons, protec…
AS 13.06.015 Supplementary general principles of law applicable.
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Unless displaced by the particular provisions of AS 13.06 — AS 13.36, the principles of law and equity supplement those provisions.
AS 13.06.020 Severability.
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If any provision of AS 13.06 — AS 13.36 or their application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of AS 13.06 — AS 13.36 that can be given effect without the invalid provision or application, and to this e…
AS 13.06.025 Construction against implied repeal.
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AS 13.06 — AS 13.36 are intended to provide a unified coverage of their subject matter. No part of AS 13.06 — AS 13.36 may be impliedly repealed by subsequent legislation if it can reasonably be avoided.
AS 13.06.030 Effect of fraud and evasion; limitations.
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Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under AS 13.06 — AS 13.36 or if fraud is used to avoid or circumvent the provisions or purposes of AS 13.06 — AS 13.36, any person injured thereby may obtain appropriate relief against…
AS 13.06.035 Evidence of death or status.
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In addition to the Alaska Rules of Evidence, the following rules relating to a determination of death and status apply: (1) death occurs when an individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functi…
AS 13.06.040 Acts by holder of general power.
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For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to mod…
AS 13.06.050 General definitions for AS 13.06 — AS 13.36.
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Article 3. Scope, Jurisdiction, and Courts; Choice of Law and Validity. Subject to additional definitions contained in AS 13.06 — AS 13.36 that are applicable to specific provisions of AS 13.06 — AS 13.36, and unless the context otherwise requires, in AS 13.06 — AS 13.36, (1) “ag…
AS 13.06.060 Applicability.
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Except as otherwise provided in AS 13.06 — AS 13.36, AS 13.06 — AS 13.36 apply to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state; (2) the property of nonresidents located in this state or property coming into the co…
AS 13.06.065 Subject matter jurisdiction.
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To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (2) protection of m…
AS 13.06.068 Choice of law; validity.
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(a) Subject to the other provisions of this section, the formal validity, intrinsic validity, effect, interpretation, revocation, or alteration of a testamentary disposition of real property and the manner in which the property descends at death when not disposed of by will are d…
AS 13.06.070 Venue; multiple proceedings; transfer.
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(a) Where a proceeding under AS 13.06 — AS 13.36 could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, ward, or trust are …
AS 13.06.080 Records and certified copies.
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The clerk of the court shall keep a record for each decedent, ward, protected person, or trust involved in any document that may be filed with the court under AS 13.06 — AS 13.36, including petitions and applications, demands for notices or bonds, trust registrations, and of any …
AS 13.06.085 Jury trial.
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(a) If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. (b) If there is no right to trial by jury under (a) of this section or the right is wa…
AS 13.06.090 Performance of registrar's powers.
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The acts and orders that AS 13.06 — AS 13.36 specify as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court.
AS 13.06.100 Oath, affirmation, or statement included in filed documents.
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Article 4. Notice, Parties, and Representation. Except as otherwise specifically provided in AS 13.06 — AS 13.36 or by rule, every document filed with the court under AS 13.06 — AS 13.36 including applications, petitions, and demands for notice, shall be considered to include an …
AS 13.06.110 Notice; method and time of giving.
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(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person…
AS 13.06.115 Notice; waiver.
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A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding.
AS 13.06.120 Pleadings; when parties bound by orders; notice.
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(a) In any proceedings involving trusts, nonprobate assets, or estates of decedents, minors, protected persons, or incapacitated persons brought under AS 13.06 — AS 13.36 or AS 13.38, the following apply: (1) interests to be affected shall be described in pleadings that give reas…