Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.16.700 Settlement directed by court.
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When a judge receives information that a person has died in the judge's judicial district leaving an estate with property limited to the property described under AS 13.16.680(a)(1) or less and no qualified person has appeared to take charge of the assets, the judge may immediatel…
AS 13.16.705 Inheritance of Native corporation stock.
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(a) The settlement common stock or other inalienable stock in a corporation organized under the laws of Alaska under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is not subject to probate nor shall its value be considered in determining the value of an estate or a…
AS 13.21.005 Definitions.
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Article 2. Powers of Foreign Personal Representatives. In this chapter, (1) “local administration” means administration by a personal representative appointed in this state under appointment proceedings described in AS 13.16; (2) “local personal representative” includes any perso…
AS 13.21.010 Payment of debts of $2,000 or more and delivery of property worth $2,000 or more without local administration. [Repealed, § 18 ch 56 SLA 1973.]
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[Repealed or reserved.]
AS 13.21.015 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
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At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action, …
AS 13.21.020 Payment or delivery discharges.
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Payment or delivery made in good faith under the provisions of AS 13.21.015 releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
AS 13.21.025 Resident creditor notice.
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Payment or delivery under AS 13.21.015 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be…
AS 13.21.030 Proof of authority; bond.
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If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a judicial district in which property belonging to the decedent is located, authenticated copies of appoin…
AS 13.21.035 Powers.
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A domiciliary foreign personal representative who has complied with AS 13.21.030 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties…
AS 13.21.040 Power of representatives in transition.
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The power of a domiciliary foreign personal representative under AS 13.21.015 — 13.21.035 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of…
AS 13.21.045 Ancillary and other local administrations; provisions governing.
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Article 3. Jurisdiction over Foreign Representatives. In respect to a nonresident decedent, the provisions of AS 13.16 govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal represen…
AS 13.21.055 Jurisdiction by act of foreign personal representative.
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A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing authenticated copies of appointment as provided in AS 13.21.030, (2) receiving payment of money or taking delivery of person…
AS 13.21.060 Jurisdiction by act of decedent.
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In addition to jurisdiction conferred by AS 13.21.055, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the represented decedent was subject to jurisdiction immediately before death.
AS 13.21.065 Service on foreign personal representative; time allowed for appearing or responding.
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[Repealed or reserved.]
AS 13.21.075 Effect of adjudication for or against personal representative.
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An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the representative were a party to the adjudication.
AS 13.26.001 Adoption of standards of practice.
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It is the policy of the state that all guardians and conservators, when making decisions for their wards or protected persons, shall abide by the highest ethical standards of decision making and shall consider the standards of practice adopted by the department by regulation. The…
AS 13.26.005 Definitions and use of terms.
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Unless otherwise apparent from the context, in AS 13.06 — AS 13.36, (1) “department” means the Department of Commerce, Community, and Economic Development; (2) “essential requirements for physical health or safety” means the health care, food, shelter, clothing, personal hygiene,…
AS 13.26.010 Jurisdiction of subject matter; consolidation of proceedings.
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(a) The court has jurisdiction over protective proceedings and guardianship proceedings. (b) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated. (c) This section is subject to the…
AS 13.26.013 Secs. 13.26.013 — 13.26.020. [Renumbered as AS 13.26.021, 13.26.031 and 13.26.051.]
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[Repealed or reserved.]
AS 13.26.021 Court records of proceedings; access; sealing.
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(a) A notice of the filing of a petition, a summary of all formal proceedings, and a dispositional order or modification or termination of a dispositional order relating to a proceeding under this chapter shall be available for public inspection. All other information contained i…
AS 13.26.025 Secs. 13.26.025 , 13.26.030. [Renumbered as AS 13.26.041 and 13.26.101.]
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[Repealed or reserved.]
AS 13.26.031 Facility of payment or delivery.
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Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to (1) the minor, if the minor is married; (2) any person having the care and custody of th…
AS 13.26.035 Secs. 13.26.035 , 13.26.40. [Renumbered as AS 13.26.121 and 13.26.126.]
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[Repealed or reserved.]
AS 13.26.041 Appointment of a guardian ad litem.
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(a) Upon the request of a ward, protected person, or respondent, or the attorney of a ward, protected person, or respondent, the court shall appoint a guardian ad litem to protect the rights of the ward, protected person, or respondent in proceedings under AS 13.26.201 — 13.26.58…
AS 13.26.045 Secs. 13.26.045 , 13.26.050. [Renumbered as AS 13.26.132, and 13.26.137.]
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[Repealed or reserved.]
AS 13.26.051 Delegation of powers over incapacitated adult by parent or guardian.
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A parent or a guardian of an adult incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the adult incapacitated person.
AS 13.26.055 Secs. 13.26.055 — 13.26.065. [Renumbered as AS 13.26.143, 13.26.147, 13.26.153, 13.26.157, and 13.26.162.]
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[Repealed or reserved.]
AS 13.26.066 Delegation of powers over minor child.
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(a) A parent or a guardian of a minor child, by a properly executed power of attorney that is substantially in the form provided in (f) of this section, may delegate to another person one or more powers regarding the care or custody of the minor child, except the power to consent…
AS 13.26.070 Secs. 13.26.070 — 13.26.100. [Renumbered as AS 13.26.167, 13.26.171, 13.26.181, 13.26.186, 13.26.201, 13.26.211, and 13.26.216.]
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Article 2. Guardians of Minors.
AS 13.26.101 Status of guardian of minor; general.
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A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
AS 13.26.105 Secs. 13.26.105 — 13.26.109. [Renumbered as AS 13.26.221, 13.26.226, 13.26.231, 13.26.236, and 13.26.241.]
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[Repealed or reserved.]
AS 13.26.110 Findings; order of appointment. [Repealed, § 21 ch 83 SLA 1981. For current law see AS 13.26.266.]
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[Repealed or reserved.]
AS 13.26.111 [Renumbered as AS 13.26.246.]
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[Repealed or reserved.]
AS 13.26.112 Appointment of a guardian ad litem. [Repealed, § 31 ch 84 SLA 2004. For current law see AS 13.26.041.]
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[Repealed or reserved.]
AS 13.26.113 Secs. 13.26.113 — 13.26.120. [Renumbered as AS 13.26.251, 13.26.256, 13.26.261, 13.26.266, 13.26.271, 13.26.276, and 13.26.281.]
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[Repealed or reserved.]
AS 13.26.121 Testamentary appointment of guardian of minor.
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The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under AS 13.26.126, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, b…
AS 13.26.125 [Renumbered as AS 13.26.286.]
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[Repealed or reserved.]
AS 13.26.126 Objection by minor of 14 or older to testamentary appointment.
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A minor of 14 or more years may prevent an appointment of a testamentary guardian for the minor from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment befo…
AS 13.26.130 Visitor in guardianship proceeding. [Repealed, § 21 ch 83 SLA 1981. For current law see AS 13.26.226 and 13.26.236.]
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[Repealed or reserved.]
AS 13.26.131 [Renumbered as AS 13.26.291.]
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[Repealed or reserved.]
AS 13.26.132 Court appointment of guardian of minor; conditions for appointment.
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The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order. A guardian appointed by will as provided in AS 13.26.121 whose appointment has not been prevented or nullified under …
AS 13.26.135 [Renumbered as AS 13.26.296.]
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[Repealed or reserved.]
AS 13.26.137 Venue for proceedings.
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(a) The venue for guardianship proceedings for a minor is in the place where the minor resides or is present. (b) The venue for a guardianship proceeding for a child in state custody under AS 47.10 is the (1) superior court where the child-in-need-of-aid proceeding is pending as …
AS 13.26.140 Secs. 13.26.140 , 13.26.141. [Renumbered as AS 13.26.301 and 13.26.306.]
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[Repealed or reserved.]
AS 13.26.143 Court appointment of guardian of minor; qualifications; priority of minor's nominee and adult family member.
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The court may appoint as guardian any adult whose appointment would be in the best interests of the minor and is consistent with a priority given to an adult family member. The court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless t…
AS 13.26.145 [Renumbered as AS 13.26.311.]
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[Repealed or reserved.]
AS 13.26.147 Court appointment of guardian of minor; procedure.
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(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by AS 13.06.110 to: (1) the minor, if the minor is 14 or more years of age; (2) the person who has had the principal ca…
AS 13.26.150 [Renumbered as AS 13.26.316.]
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[Repealed or reserved.]
AS 13.26.153 Subsidized guardianship; procedure.
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Procedures relating to subsidized guardianships for hard-to-place children are governed by AS 25.23.200 — 25.23.240.
AS 13.26.155 Proceedings subsequent to appointment; venue. [Repealed, § 31 ch 53 SLA 2008.]
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[Repealed or reserved.]