Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.16.170 Formal testacy proceedings; burdens in contested cases.
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In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and if they are also petitioners,…
AS 13.16.175 Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
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Subject to AS 13.06.068, a final order of a court of another state determining testacy, the validity, or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of thi…
AS 13.16.180 Formal testacy proceedings; order; foreign will.
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After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, that venue is proper, and that the proceeding was commenced within the limitation prescribed by AS 13.16.040, it sh…
AS 13.16.185 Formal testacy proceedings; probate of more than one instrument.
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If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions that work a total revocation by implication. If more than one …
AS 13.16.190 Formal testacy proceedings; partial intestacy.
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If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
AS 13.16.195 Formal testacy proceedings; effect of order; vacation.
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(a) Subject to appeal and subject to vacation as provided in this section and in AS 13.16.200, a formal testacy order under AS 13.16.180 — 13.16.190, including an order that the decedent did not leave a valid will and determining heirs, is final as to all persons with respect to …
AS 13.16.200 Formal testacy proceedings; vacation of order for other cause.
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For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
AS 13.16.205 Formal proceedings concerning appointment of personal representative.
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Article 5. Supervised Administration. (a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceeding…
AS 13.16.215 Supervised administration; nature of proceeding.
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Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal repr…
AS 13.16.220 Supervised administration; petition; order.
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A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the prio…
AS 13.16.225 Supervised administration; effect on other proceedings.
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(a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. (b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervis…
AS 13.16.230 Supervised administration; powers of personal representative.
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Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under AS 13.06 — AS 13.36, but a supervised personal representative may not exercise the power to make any distri…
AS 13.16.235 Supervised administration; interim orders; distribution and closing orders.
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Article 6. Personal Representative; Appointment, Control and Termination of Authority. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under AS…
AS 13.16.245 Qualification.
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Before receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
AS 13.16.250 Acceptance of appointment; consent to jurisdiction.
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By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed …
AS 13.16.255 Bond required; exceptions.
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A personal representative shall execute and file a bond with the registrar unless (1) the estate is testate and the will expressly waives surety bond as to the person qualifying as personal representative; (2) the devisees or the heirs file written waiver of surety bond; (3) the …
AS 13.16.260 Bond amount; security; procedure; reduction.
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If bond is required and the provisions of the will or order do not specify the amount, unless stated in the application or petition, the person qualifying shall file a statement under oath with the registrar indicating the person's best estimate of the value of the personal estat…
AS 13.16.265 Demand for bond by interested person.
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Any person apparently having an interest in the estate worth in excess of $1,000, or any creditor having a claim in excess of $1,000, may make a written demand that a personal representative give bond. The demand must be filed with the registrar and a copy mailed to the personal …
AS 13.16.270 Terms and conditions of bonds.
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(a) The following requirements and provisions apply to any bond required by AS 13.16.245 — 13.16.330: (1) bonds shall name the state as obligee for the benefit of persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties …
AS 13.16.275 Order restraining personal representative.
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(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties o…
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…