Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.12.709 Distribution by representation, per capita at each generation, and per stirpes.
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(a) If an applicable statute or a governing instrument calls for property to be distributed “by representation” or “per capita at each generation,” the property is divided into as many equal shares as there are (1) surviving descendants in the generation nearest to the designated…
AS 13.12.710 Worthier-title doctrine abolished.
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The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's “heirs,” “heirs at law,” “next of kin,” “distributees,” “relatives,” or “family,” or la…
AS 13.12.711 Interests in heirs and other persons.
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If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's “heirs,” “heirs at law,” “next of kin,” “relatives,” or “family,” or language of similar import, the property pass…
AS 13.12.712 Nonademption of specific transfers in trust.
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(a) Unless the trust provides otherwise, a beneficiary of a trust has a right to property that, by the terms of the trust, is to be specifically distributed to the beneficiary and to (1) any amount of a condemnation award that is for the taking of the property and that is unpaid …
AS 13.12.720 Family-owned business deduction.
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Article 9. General Provisions Concerning Probate and Nonprobate Transfers. (a) If an individual includes a provision in a will, trust document, or beneficiary designation that is designed to reduce federal estate tax liability to zero, or to the lowest possible amount payable, by…
AS 13.12.801 Disclaimer of property interests. [Repealed, § 2 ch 63 SLA 2010.]
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[Repealed or reserved.]
AS 13.12.802 Effect of divorce, annulment, and decree of separation.
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(a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not termi…
AS 13.12.803 Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations.
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(a) An individual who feloniously kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowan…
AS 13.12.804 Effect of divorce, annulment, and other changes of circumstances on probate and nonprobate transfers.
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Article 10. Miscellaneous Provisions. (a) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the …
AS 13.12.907 Honorary trusts; trusts for pets.
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(a) Subject to (c) of this section, a trust may be performed by the trustee for 21 years but not longer, whether or not the terms of the trust contemplate a longer duration, if (1) the trust is for a specific lawful, noncharitable purpose or for a lawful, noncharitable purpose to…
AS 13.12.912 International will; validity.
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(a) Except as provided by AS 13.06.068, a will is valid as regards form, irrespective of the place where the will is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if the will is made in the form of an international will compl…
AS 13.12.913 International will; requirements.
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(a) The international will must be written. The will does not need to be written by the testator. The will may be written in any language, or by hand or other means. (b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection wi…
AS 13.12.914 International will; other points of form.
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(a) The signatures shall be placed at the end of the international will. If the will consists of several sheets, each sheet shall be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if a person is not signing on the …
AS 13.12.915 International will; certificate.
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The authorized person shall attach to the international will a certificate to be signed by the authorized person establishing that the requirements of AS 13.12.912 — 13.12.921 for valid execution of an international will have been complied with. The authorized person shall keep a…
AS 13.12.916 International will; effect of certificate.
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In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as an international will under AS 13.12.912 — 13.12.921. The absence or irregularity of a certificate does not affect the formal validity of…
AS 13.12.917 International will; revocation.
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An international will is subject to the ordinary rules of revocation of wills.
AS 13.12.918 Source and construction.
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AS 13.12.912 — 13.12.917 and 13.12.921 derive from the Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying AS 13.12.912 — 13.12.921, regard shall be had to its international origin and to the need for…
AS 13.12.919 Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
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Individuals who are licensed to practice law in this state and who are in good standing as active law practitioners in this state, are hereby declared to be authorized persons in relation to international wills.
AS 13.12.920 International will information registration.
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The Department of Commerce, Community, and Economic Development shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence …
AS 13.12.921 Definitions for AS 13.12.912 — 13.12.921.
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In AS 13.12.912 — 13.12.921, (1) “authorized person” and “person authorized to act in connection with international wills” mean a person who by AS 13.12.919, or by the laws of the United States, including members of the diplomatic and consular service of the United States designa…
AS 13.16.005 Devolution of estate at death; restrictions.
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The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the property are subject to the restrictions and limitations contained in AS 13.06 — AS 13.36 to facilitate the prompt settlement of estates. Upon the death of a person, that pers…
AS 13.16.010 Necessity of order of probate for will.
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Except as provided in AS 13.16.680, to be effective to prove the transfer of property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar or by an adjudication of probate by the court.
AS 13.16.015 Necessity of appointment for administration.
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Except as otherwise provided in AS 13.21, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify, and be issued letters. Administration of an estate is comme…
AS 13.16.020 Claims against decedent; necessity of administration.
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A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against …
AS 13.16.025 Proceedings affecting devolution and administration; jurisdiction of subject matter.
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Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter, and may petition the court for orders in formal proceedings within the court's jurisdiction including those described in this chapter. The c…
AS 13.16.030 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons.
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In proceedings within the exclusive jurisdiction of the court where notice is required by AS 13.06 — AS 13.36 or by rule, and in proceedings to construe probated wills or determine heirs which proceedings concern estates that have not been and cannot at the time of these proceedi…
AS 13.16.035 Scope of proceedings; proceedings independent; exception.
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Unless supervised administration as described in AS 13.16.215 — 13.16.235 is involved, (1) each proceeding before the court or registrar is independent of any other proceeding involving the same estate; (2) petitions for formal orders of the court may combine various requests for…
AS 13.16.040 Probate, testacy, and appointment proceedings; ultimate time limit.
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(a) An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, m…
AS 13.16.045 Statutes of limitation on decedent's cause of action.
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Article 2. Venue for Probate and Administration; Priority to Administer; Demand for Notice. No statute of limitation running on a cause of action belonging to a decedent that had not been barred as of the date of death shall apply to bar a cause of action surviving the decedent's…
AS 13.16.055 Venue for first and subsequent estate proceedings; location of property.
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(a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is (1) in the judicial district where the decedent was domiciled at the time of death; or (2) if the decedent was not domiciled in this state, in any judicial district where (A)…
AS 13.16.060 Appointment or testacy proceedings; conflicting claim of domicile in another state.
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If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or…
AS 13.16.065 Priority among persons seeking appointment as personal representative.
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(a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will; (2) the surviving…
AS 13.16.070 Demand for notice of order or filing concerning decedent's estate.
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Article 3. Informal Probate and Appointment Proceedings. Any person desiring notice of any order or filing pertaining to a decedent's estate in which the person has a financial or property interest, may file a demand for notice with the court at any time after the death of the de…
AS 13.16.080 Informal probate or appointment proceedings; application; contents.
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(a) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following information: (1) every application for informal prob…
AS 13.16.085 Informal probate; duty of registrar; effect of informal probate.
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Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by AS 13.16.090, shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death. Informal probate is conclusiv…
AS 13.16.090 Informal probate; proof and findings required.
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(a) In an informal proceeding for original probate of a will, the registrar shall determine whether (1) the application is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge a…
AS 13.16.095 Informal probate; unavailable in certain cases.
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Applications for informal probate that relate to one or more of a known series of testamentary instruments, other than wills and codicils, the latest of which does not expressly revoke the earlier, shall be declined.
AS 13.16.100 Informal probate; registrar not satisfied.
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If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of AS 13.16.090 and 13.16.095 or any other reason, the registrar may decline the application. A declination of informal probate is not an a…
AS 13.16.105 Informal probate; notice requirements; information distribution.
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(a) The moving party must give notice as described by AS 13.06.110 of the party's application for informal probate (1) to any person demanding it under AS 13.16.070, and (2) to any personal representative of the decedent whose appointment has not been terminated. No other notice …
AS 13.16.110 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
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(a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in AS 13.16.310, if at least 120 hours have elapsed since the decedent's death, the registrar, after making the findings required by AS 13.16.11…
AS 13.16.115 Informal appointment proceedings; determinations required; denial of application.
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(a) In informal appointment proceedings, the registrar must determine whether (1) the application for informal appointment of a personal representative is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the bes…
AS 13.16.120 Informal appointment proceedings; registrar not satisfied.
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If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of AS 13.16.110 and 13.16.115, or for any other reason, the registrar may decline the application. A declination of info…
AS 13.16.125 Informal appointment proceedings; notice requirements.
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The moving party must give notice as described by AS 13.06.110 of intention to seek an appointment informally (1) to any person demanding it under AS 13.16.070; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No o…
AS 13.16.130 Informal appointment unavailable in certain cases.
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Article 4. Formal Testacy and Appointment Proceedings. If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that may relate to property subject to the laws of this state, and that is not filed for probate in this court…
AS 13.16.140 Formal testacy proceedings; nature; when commenced.
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(a) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in AS 13.16.145(a) in which the person requests that the court, after notice and he…
AS 13.16.145 Formal testacy or appointment proceedings; petition; contents.
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(a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this…
AS 13.16.150 Formal testacy proceeding; notice of hearing on petition.
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(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by AS 13.06.110 by the petitioner to the persons enumerated in this subsection and to any additional person who has filed a demand…
AS 13.16.155 Formal testacy proceedings; written objections to probate.
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Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the pleadings the objections to probate of the will.
AS 13.16.160 Formal testacy proceedings; uncontested cases; hearings and proof.
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If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of AS 13.16.180 have been met, or conduct a hearing in open court and require proof of the matters necessary to support t…
AS 13.16.165 Formal testacy proceedings; contested cases; testimony of attesting witnesses.
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(a) If evidence concerning execution of an attested will that is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent, and able to testify, is required. Due execution of an attested or unattested…