Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
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.
AS 13.16.535 Successors' rights if no administration.
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In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestea…
AS 13.16.540 Distribution; order in which assets appropriated; abatement.
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(a) Except as provided in (b) of this section and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following…
AS 13.16.545 Right of retainer.
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The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense that would be available to the successor in a direct proceeding for …
AS 13.16.550 Interest on general pecuniary devise. [Repealed, § 4 ch 145 SLA 2003.]
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[Repealed or reserved.]
AS 13.16.555 Penalty clause for contest.
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A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
AS 13.16.560 Distribution in kind; valuation; method.
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(a) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions: (1) a specific devisee is entitled to distribution of the thing devised, …
AS 13.16.565 Distribution in kind; evidence.
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If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
AS 13.16.570 Distribution; right or title of distributee.
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Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against…
AS 13.16.575 Improper distribution; liability of distributee.
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Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income si…
AS 13.16.580 Purchasers from distributees protected.
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If property distributed in kind or a security interest in it is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, the purchaser or lender takes title free of rights of any int…
AS 13.16.585 Partition for purpose of distribution.
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When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court before the formal or informal closing of the estate, t…
AS 13.16.590 Private agreements among successors to decedent binding on personal representative.
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Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a writt…
AS 13.16.595 Distributions to trustee.
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(a) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in AS 13.36.080. (b) If the trust instrume…
AS 13.16.600 Disposition of unclaimed assets.
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(a) If an heir, devisee, or claimant cannot be found, the personal representative shall distribute the share of personal property of the missing person to the person's conservator, or if the person has no conservator to the Department of Revenue to be deposited in the general fun…
AS 13.16.605 Distribution to person under disability.
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A personal representative may discharge the obligation to distribute to any person under legal disability by distributing to the person's conservator, or any other person authorized by AS 13.06 — AS 13.36 or otherwise to give a valid receipt and discharge for the distribution.
AS 13.16.610 Apportionment of estate taxes.
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Article 10. Closing Estates. (a) Unless the will provides otherwise, the tax shall be apportioned among all persons interested in the estate. The apportionment is to be made in the proportion that the value of the interest of each person interested in the estate bears to the tota…
AS 13.16.620 Formal proceedings terminating administration; testate or intestate; order of general protection.
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(a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal r…
AS 13.16.625 Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
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A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate that will not adjudicate the testacy status of the decedent. The personal representative may …
AS 13.16.630 Closing estates; by sworn statement of personal representative.
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(a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than six months after the date of original appointment of a general pe…
AS 13.16.635 Liability of distributees to claimants.
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After assets of an estate have been distributed and subject to AS 13.16.645, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. A distributee is not liable to claimants for amounts received as exempt property, homestead or family …
AS 13.16.640 Limitations on proceedings against personal representative.
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Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to asser…
AS 13.16.645 Limitations on actions and proceedings against distributees.
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Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or…
AS 13.16.650 Certificate discharging liens securing fiduciary performance.
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After the appointment has terminated, the personal representative, the sureties of the personal representative, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in a…
AS 13.16.655 Subsequent administration.
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Article 11. Compromise of Controversies. If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the court upon petition of any interested person and upon…
AS 13.16.665 Effect of approval of agreements.
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A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any governing instrument, the rights or interests in the estate of the decedent, of any successor, or the ad…
AS 13.16.670 Procedure for securing court approval of compromise.
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Article 12. Collection of Personal Property by Affidavit and Summary Administration Procedure. The procedure for securing court approval of a compromise is as follows: (1) the terms of the compromise shall be set out in an agreement in writing that shall be executed by all compet…
AS 13.16.680 Collection of personal property by affidavit.
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(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deli…
AS 13.16.685 Effect of affidavit.
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The person paying, delivering, transferring, or issuing personal property or the evidence of it under affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the applicatio…
AS 13.16.690 Small estates; summary administrative procedure.
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If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary…
AS 13.16.695 Small estates; closing by sworn statement of personal representative.
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(a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of AS 13.16.690 by filing with the court, at any time after disbur…