Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.16.280 Termination of appointment; general.
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Termination of appointment of a personal representative occurs as indicated in AS 13.16.285 — 13.16.300. Termination ends the right and power pertaining to the office of personal representative as conferred by AS 13.06 — AS 13.36 or any will, except that a personal representative…
AS 13.16.285 Termination of appointment; death or disability.
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The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates the personal representative's appointment. Until appointment and qualification of a successor or special representative to replace the deceased or pr…
AS 13.16.290 Termination of appointment; voluntary.
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(a) An appointment of a personal representative terminates as provided in AS 13.16.630, one year after the filing of a closing statement. (b) An order closing an estate as provided in AS 13.16.620 or 13.16.625 terminates an appointment of a personal representative. (c) A personal…
AS 13.16.295 Termination of appointment by removal; cause; procedure.
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(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other p…
AS 13.16.300 Termination of appointment; change of testacy status.
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Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to th…
AS 13.16.305 Successor personal representative.
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AS 13.16.080 — 13.16.205 govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the f…
AS 13.16.310 Special administrator; appointment.
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A special administrator may be appointed (1) informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent before the appointment of a general personal representative or if a prior appointment has been terminated as pro…
AS 13.16.315 Special administrator; who may be appointed.
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(a) If a special administrator is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available and qualified. (b) In other cases, any proper person may be …
AS 13.16.320 Special administrator appointed informally; powers and duties.
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A special administrator appointed by the registrar in informal proceedings pursuant to AS 13.16.310(1) has the duty to collect and manage the assets of the estate, to preserve them, to account for them, and to deliver them to the general personal representative upon qualification…
AS 13.16.325 Special administrator appointed by court; power and duties.
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A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts,…
AS 13.16.330 Termination of appointment; special administrator.
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Article 7. Duties and Powers of Personal Representatives. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special a…
AS 13.16.340 Time of accrual of duties and powers.
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The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring there…
AS 13.16.345 Priority among different letters.
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A person to whom general letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the est…
AS 13.16.350 General duties; standard of care; relation and liability to persons interested in estate; standing to sue.
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(a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under AS 13.36.225 — 13.36.290. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated a…
AS 13.16.355 Personal representative to proceed without court order; exception.
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A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but the…
AS 13.16.360 Duty of personal representative; information to heirs and devisees.
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Not later than 30 days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appoint…
AS 13.16.365 Duty of personal representative; inventory and appraisal.
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(a) Within three months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or mail an inventory of property owned by the decedent at the time of …
AS 13.16.370 Employment of appraisers.
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The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise …
AS 13.16.375 Duty of personal representative; supplementary inventory.
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If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representati…
AS 13.16.380 Duty of personal representative; possession of estate.
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Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptive…
AS 13.16.381 Disposition of unclaimed estate by personal representative.
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When there is no taker of an intestate estate, or if an heir, devisee, or claimant cannot be found and the missing person has no conservator, the personal representative shall handle the (1) unclaimed personal property of the estate in accordance with AS 34.45.280 — 34.45.780; an…
AS 13.16.385 Power to avoid transfers.
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The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means that is in law void or voidable as against creditors, and subject to prior liens, the right to recover this property, so far as necessary for the pa…
AS 13.16.390 Powers of personal representatives; in general.
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Until termination of appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without n…
AS 13.16.395 Improper exercise of power; breach of fiduciary duty.
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If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with…
AS 13.16.400 Sale, encumbrance, or transaction involving conflict of interest voidable; exceptions.
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Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction that is affected by a substantial conflict …
AS 13.16.405 Persons dealing with personal representative; protection.
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A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal re…
AS 13.16.410 Transactions authorized for personal representatives; exceptions.
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Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in AS 13.16.540, a personal representative, acting reasonably for the benefit of the interested persons, may properly (1) retain assets owned by the d…
AS 13.16.415 Powers and duties of successor personal representative.
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A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor may not exercise any power expressly made personal to the executo…
AS 13.16.420 Co-representatives; when joint action required.
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[Repealed or reserved.]
AS 13.16.425 Powers of surviving personal representative.
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Unless the terms of the will provide otherwise, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-executors is not appointed, those app…
AS 13.16.430 Compensation of personal representative.
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A personal representative is entitled to reasonable compensation for services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before quali…
AS 13.16.435 Expenses in estate litigation.
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If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, that person is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney fees …
AS 13.16.440 Review of employment of agents and other persons and compensation of personal representatives and other persons.
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Article 8. Creditors' Claims. After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment…
AS 13.16.450 Notice to creditors.
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Unless notice has already been given under this section, a personal representative upon appointment shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the judicial district announcing the appointment and address and notifying cr…
AS 13.16.455 Statutes of limitations.
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Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim that was barred by any statute of limitations at …
AS 13.16.460 Limitations on presentation of claims.
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(a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if n…
AS 13.16.465 Manner of presentation of claims.
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Claims against a decedent's estate may be presented as follows: (1) the claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement…
AS 13.16.470 Priority of claim payment and preference.
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(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) costs and expenses of administration; (2) reasonable funeral expenses; (3) debts and taxes with preference under feder…
AS 13.16.475 Allowance of claims.
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(a) As to claims presented in the manner described in AS 13.16.465 within the time limit prescribed in AS 13.16.460, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal r…
AS 13.16.480 Payment of claims.
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(a) Upon the expiration of four months from the date of the first publication of the notice to creditors, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and s…
AS 13.16.485 Individual liability of personal representative.
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(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capa…
AS 13.16.490 Secured claims.
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Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor's security; otherwise payment is upon the basis of one of the following: (1) if the creditor exhausts the security before receiving payment, unless precluded by other law, u…
AS 13.16.495 Claims not due and contingent or unliquidated claims.
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(a) If a claim that will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute c…
AS 13.16.500 Counterclaims.
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In allowing a claim the personal representative may deduct any counterclaim that the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, re…
AS 13.16.505 Execution and levies prohibited.
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No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal pro…
AS 13.16.510 Compromise of claims.
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When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
AS 13.16.515 Encumbered assets.
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If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part of it, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in …
AS 13.16.520 Administration in more than one state; duty of personal representative.
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(a) All assets of estates being administered in this state are subject to all claims, allowances, and charges existing or established against the personal representative wherever appointed. (b) If the estate either in this state or as a whole is insufficient to cover all family e…
AS 13.16.525 Final distribution to domiciliary representative.
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The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of…
AS 13.16.530 Application to trustees.
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Article 9. Special Provisions Relating to Distribution. Notwithstanding AS 13.16.450 — 13.16.525, the trustee of a trust may, under AS 13.36.368(b)(3), take the action a personal representative may take under AS 13.16.450 — 13.16.525.