Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.46.090 Single custodianship.
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A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
AS 13.46.100 Validity and effect of transfer.
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(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by (1) failure of the transferor to comply with AS 13.46.080(c) concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the ca…
AS 13.46.110 Care of custodial property.
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(a) A custodian shall (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard …
AS 13.46.120 Powers of custodian.
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(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section do…
AS 13.46.130 Use of custodial property.
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(a) A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (1) the duty or ability of the custodian person…
AS 13.46.140 Custodian's expenses, compensation, and bond.
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(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under AS 13.46.030, a custodian has a noncumulative election during each calendar year to cha…
AS 13.46.150 Exemption of third person from liability.
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A third person in good faith and without court order may act on the instructions of or otherwise deal with a person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining (1) the valid…
AS 13.46.160 Liability to third persons.
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(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proce…
AS 13.46.170 Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
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(a) A person nominated under AS 13.46.020 or designated under AS 13.46.080 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfe…
AS 13.46.180 Accounting by and determination of liability of custodian.
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(a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court for (1) an accounting by the custodian or the custodian…
AS 13.46.190 Termination of custodianship.
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The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of the (1) minor's attainment of 21 years of age with respect to property transferred under AS 13.46.030 or 13.46.040 unless the time of transfer of…
AS 13.46.195 Changing the time for transfer of custodial property.
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(a) Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under AS 13.46.030 or 13.46.040 may be changed to a specified time other than the time the minor attains the age of 21 years. That time shall be s…
AS 13.46.197 Extension of custodial term by custodian.
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(a) A custodian may extend the custodial term under this section to an age older than the age that is specified by this chapter or a transferring document made under AS 13.46.080, subject to the right of the minor to compel immediate distribution under (c) of this section. (b) To…
AS 13.46.200 Applicability.
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This chapter applies to a transfer within the scope of AS 13.46.010 made after December 31, 1990, if the (1) transfer purports to have been made under the Alaska Uniform Gifts to Minors Act; or (2) instrument by which the transfer purports to have been made uses in substance the …
AS 13.46.210 Effect on existing custodianships.
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(a) A transfer of custodial property as defined in this chapter made before January 1, 1991, is validated notwithstanding that there was not specific authority in the Alaska Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from tha…
AS 13.46.220 Uniformity of application and construction.
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
AS 13.46.990 Definitions.
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In this chapter, (1) “adult” means an individual who has attained the age of 18 years; (2) “benefit plan” means an employer's plan for the benefit of an employee or partner; (3) “broker” means a person lawfully engaged in the business of effecting transactions in securities or co…
AS 13.46.999 Short title.
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This chapter may be cited as the Alaska Uniform Transfers to Minors Act.
AS 13.48.010 Transfer on death deed authorized.
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An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
AS 13.48.020 Transfer on death deed revocable.
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A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
AS 13.48.030 Transfer on death deed nontestamentary.
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A transfer on death deed is nontestamentary.
AS 13.48.040 Capacity of transferor.
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The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
AS 13.48.045 When certain deeds void; challenges to deed.
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(a) A transfer on death deed or an instrument revoking a transfer on death deed is void if it is obtained by fraud, duress, or undue influence. (b) A proceeding must be commenced within 12 months after the transferor's death to (1) contest the capacity of the transferor; or (2) d…
AS 13.48.050 Requirements.
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A transfer on death deed (1) except as otherwise provided in (2) and (3) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) must state that the transfer to the designated beneficiary is to occur at the transferor's …
AS 13.48.060 Notice, delivery, acceptance, consideration not required.
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A transfer on death deed is effective without (1) notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life; or (2) consideration.
AS 13.48.070 Revocation by instrument authorized; revocation by act not permitted.
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(a) Subject to (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument (1) is one of the following: (A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;…
AS 13.48.080 Effect of transfer on death deed during transferor's life.
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During a transferor's life, a transfer on death deed does not (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) affect an interest or right of a transferee, even if the transferee has actual or cons…
AS 13.48.090 Effect of transfer on death deed at transferor's death.
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(a) Except as otherwise provided in the transfer on death deed, in this section, or in AS 13.12.203, 13.12.702, 13.12.803, or 13.12.804, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transfer…
AS 13.48.100 Disclaimer.
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A beneficiary may disclaim all or part of the beneficiary's interest as provided by AS 13.70 (Uniform Disclaimer of Property Interests Act).
AS 13.48.110 Liability for creditor claims and statutory allowances.
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(a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate, the costs of administration of the estate, or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred …
AS 13.48.120 Optional form of transfer on death deed.
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The following form may be used to create a transfer on death deed. The provisions of this chapter govern the effect of this or any other instrument used to create a transfer on death deed. (front of form)REVOCABLE TRANSFER ON DEATH DEEDNOTICE TO OWNERYou should carefully read all…
AS 13.48.130 Optional form of revocation.
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The following form may be used to create an instrument of revocation under this chapter. The provisions of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form)REVOCATION OF TRANSFER ON DEATH DEEDNOTICE TO OWNER Th…
AS 13.48.140 Nonexclusivity.
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The provisions of this chapter do not affect any method of transferring property otherwise permitted under the law of this state.
AS 13.48.150 Uniformity of application and construction.
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In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
AS 13.48.160 Relationship to Electronic Signatures in Global and National Commerce Act.
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The provisions of this chapter modify, limit, and supersede 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but do not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 70…
AS 13.48.190 Definitions.
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[Repealed or reserved.]
AS 13.48.195 Short title.
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This chapter may be cited as the Uniform Real Property Transfer on Death Act.
AS 13.50.010 Secs. 13.50.010 — 13.50.090. Uniform Anatomical Gift Act. [Repealed, § 15 ch 83 SLA 2004. For current law, see AS 13.52.]
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[Repealed or reserved.]
AS 13.50.100 Transfer of information.
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(a) Except for information on a motor vehicle or identification document issued to a donor who declines to participate in a registry, when a person who applies for a motor vehicle or identification document makes a gift with the application, the department shall electronically tr…
AS 13.50.110 Use of transferred information.
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(a) A procurement organization that obtains information under AS 13.50.100 shall use the information to establish a statewide donor registry accessible by a recognized organization in (1) this state that handles the recovery or placement of parts of the body; and (2) another stat…
AS 13.50.120 Acquisition of other donor information.
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A procurement organization may acquire donor information from sources other than the department.
AS 13.50.130 Registry costs.
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(a) A procurement organization that has requested registry information from the department shall pay the reasonable costs associated with the creation by the organization of a registry and the reasonable costs associated with the initial installation and establishment of the faci…
AS 13.50.140 Notification of cancellation.
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(a) A donor whose motor vehicle or identification document information is on a registry shall notify a procurement organization or the department of the destruction or mutilation of the motor vehicle or identification document or revocation of the gift under AS 13.52.183 in order…
AS 13.50.150 Monetary donation program.
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(a) An applicant for a motor vehicle or identification document may donate $1 or more to the fund to promote in the state the donation of body parts under AS 13.52 (Health Care Decisions Act). The donation is voluntary and may be declined by the applicant. The department shall ma…
AS 13.50.160 Anatomical gift awareness fund.
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(a) The anatomical gift awareness fund is established. The fund consists of all donations made under AS 13.50.150, other donations to the fund for a purpose identified under (b) of this section, money received by the department under AS 13.50.130, and appropriations made to the f…
AS 13.50.170 Penalty.
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A person who knowingly violates AS 13.50.110(b)(1) or (2) is guilty of a class B misdemeanor.
AS 13.50.190 Definitions.
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In this chapter, (1) “department” means the Department of Administration; (2) “donation” means a monetary donation made under AS 13.50.150; (3) “donor” has the meaning given in AS 13.52.268; (4) “fund” means the anatomical gift awareness fund established under AS 13.50.160; (5) “…
AS 13.52.010 Advance health care directives.
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(a) Except as provided in AS 13.52.173, an adult may give an individual instruction. Except as provided in AS 13.52.177, the instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (b) An adult may execute a durable …
AS 13.52.020 Revocation of advance health care directive.
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(a) Except in the case of mental illness under (c) of this section, a principal may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. (b) Except in the case of mental illness under (c) of this section and …
AS 13.52.025 Rescission of withdrawal by agent.
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A person who has withdrawn as an agent may rescind the withdrawal by executing an acceptance after the date of the withdrawal. A person who rescinds a withdrawal shall give notice to the principal if the principal has capacity or to the principal's health care provider if the pri…