Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.06.005 Short title.
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AS 13.06 — AS 13.36 shall be known and may be cited as the Uniform Probate Code.
AS 13.06.010 Purposes; rule of construction.
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(a) AS 13.06 — AS 13.36 shall be liberally construed and applied to promote their underlying purposes and policies. (b) The underlying purposes and policies of AS 13.06 — AS 13.36 are to (1) simplify and clarify the law concerning the affairs of decedents, missing persons, protec…
AS 13.06.015 Supplementary general principles of law applicable.
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Unless displaced by the particular provisions of AS 13.06 — AS 13.36, the principles of law and equity supplement those provisions.
AS 13.06.020 Severability.
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If any provision of AS 13.06 — AS 13.36 or their application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of AS 13.06 — AS 13.36 that can be given effect without the invalid provision or application, and to this e…
AS 13.06.025 Construction against implied repeal.
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AS 13.06 — AS 13.36 are intended to provide a unified coverage of their subject matter. No part of AS 13.06 — AS 13.36 may be impliedly repealed by subsequent legislation if it can reasonably be avoided.
AS 13.06.030 Effect of fraud and evasion; limitations.
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Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under AS 13.06 — AS 13.36 or if fraud is used to avoid or circumvent the provisions or purposes of AS 13.06 — AS 13.36, any person injured thereby may obtain appropriate relief against…
AS 13.06.035 Evidence of death or status.
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In addition to the Alaska Rules of Evidence, the following rules relating to a determination of death and status apply: (1) death occurs when an individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functi…
AS 13.06.040 Acts by holder of general power.
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For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to mod…
AS 13.06.050 General definitions for AS 13.06 — AS 13.36.
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Article 3. Scope, Jurisdiction, and Courts; Choice of Law and Validity. Subject to additional definitions contained in AS 13.06 — AS 13.36 that are applicable to specific provisions of AS 13.06 — AS 13.36, and unless the context otherwise requires, in AS 13.06 — AS 13.36, (1) “ag…
AS 13.06.060 Applicability.
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Except as otherwise provided in AS 13.06 — AS 13.36, AS 13.06 — AS 13.36 apply to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state; (2) the property of nonresidents located in this state or property coming into the co…
AS 13.06.065 Subject matter jurisdiction.
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To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (2) protection of m…
AS 13.06.068 Choice of law; validity.
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(a) Subject to the other provisions of this section, the formal validity, intrinsic validity, effect, interpretation, revocation, or alteration of a testamentary disposition of real property and the manner in which the property descends at death when not disposed of by will are d…
AS 13.06.070 Venue; multiple proceedings; transfer.
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(a) Where a proceeding under AS 13.06 — AS 13.36 could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, ward, or trust are …
AS 13.06.080 Records and certified copies.
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The clerk of the court shall keep a record for each decedent, ward, protected person, or trust involved in any document that may be filed with the court under AS 13.06 — AS 13.36, including petitions and applications, demands for notices or bonds, trust registrations, and of any …
AS 13.06.085 Jury trial.
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(a) If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. (b) If there is no right to trial by jury under (a) of this section or the right is wa…
AS 13.06.090 Performance of registrar's powers.
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The acts and orders that AS 13.06 — AS 13.36 specify as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court.
AS 13.06.100 Oath, affirmation, or statement included in filed documents.
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Article 4. Notice, Parties, and Representation. Except as otherwise specifically provided in AS 13.06 — AS 13.36 or by rule, every document filed with the court under AS 13.06 — AS 13.36 including applications, petitions, and demands for notice, shall be considered to include an …
AS 13.06.110 Notice; method and time of giving.
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(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person…
AS 13.06.115 Notice; waiver.
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A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding.
AS 13.06.120 Pleadings; when parties bound by orders; notice.
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(a) In any proceedings involving trusts, nonprobate assets, or estates of decedents, minors, protected persons, or incapacitated persons brought under AS 13.06 — AS 13.36 or AS 13.38, the following apply: (1) interests to be affected shall be described in pleadings that give reas…
AS 13.12.101 Intestate estate.
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(a) A part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in AS 13.06 — AS 13.36, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an indi…
AS 13.12.102 Share of spouse.
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(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is (1) the entire intestate estate if (A) no descendant or parent of the decedent survives the decedent; or (B) all of the decedent's surviving descendants are also descendants of …
AS 13.12.103 Share of heirs other than surviving spouse.
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A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's desc…
AS 13.12.104 Requirement that heir survive decedent for 120 hours.
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An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and c…
AS 13.12.105 No taker.
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If there is no taker under this chapter, (1) personal property in the intestate estate passes to the state and is subject to AS 34.45.280 — 34.45.780; if notice to heirs, substantially equivalent to that required by AS 34.45.310, has been given by the personal representative or o…
AS 13.12.106 Representation.
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(a) If, under AS 13.12.103(1), all or part of a decedent's intestate estate passes by representation to the decedent's descendants, the estate or part of the estate passing is divided into as many equal shares as there are (1) surviving descendants in the generation nearest to th…
AS 13.12.107 Kindred of half blood.
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Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
AS 13.12.108 After-born heirs.
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An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.
AS 13.12.109 Advancements.
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(a) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (1) t…
AS 13.12.110 Debts to decedent.
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A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
AS 13.12.111 Alienage.
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An individual is not disqualified to take as an heir because the individual or another individual through whom the individual claims is or has been an alien.
AS 13.12.113 Individuals related to decedent through two lines.
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An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
AS 13.12.114 Parent and child relationship.
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Article 2. Elective Share of Surviving Spouse. (a) Except as provided in (b) — (d) of this section, for purposes of intestate succession by, through, or from a person, an individual is the child of the individual's natural parents, regardless of their marital status, and the pare…
AS 13.12.201 Definitions.
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(a) In AS 13.12.201 — 13.12.204 and 13.12.206 — 13.12.214, “decedent's nonprobate transfers to others” means the amounts that are included in the augmented estate under AS 13.12.205. (b) In AS 13.12.201 — 13.12.214, (1) “fractional interest in property held in joint tenancy with …
AS 13.12.202 Elective share.
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(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in AS 13.12.201 — 13.12.214, to take an elective share amount equal to one-third of the augmented estate. (b) If the sum of the amounts des…
AS 13.12.203 Composition of the augmented estate.
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Subject to AS 13.12.208, the value of the augmented estate, to the extent provided in AS 13.12.204 — 13.12.207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decede…
AS 13.12.204 Decedent's net probate estate.
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The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.
AS 13.12.205 Decedent's nonprobate transfers to others.
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(a) The value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under AS 13.12.204, of any of the following types, in the amount provided respectively for each type of transfer: (1) property owned or owned in substance by th…
AS 13.12.206 Decedent's nonprobate transfers to the surviving spouse.
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Excluding property passing to the surviving spouse under 42 U.S.C. 301 — 1397f (Social Security Act), the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside …
AS 13.12.207 Surviving spouse's property and nonprobate transfers to others.
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(a) Except to the extent included in the augmented estate under AS 13.12.204 or 13.12.206, the value of the augmented estate includes the value of (1) property that was owned by the decedent's surviving spouse at the decedent's death, including (A) the surviving spouse's fraction…
AS 13.12.208 Exclusions, valuation, and overlapping application.
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(a) The value of property is excluded from the decedent's nonprobate transfers to others (1) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property; or (2) if the property was transferred with the written joind…
AS 13.12.209 Sources from which elective share payable.
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(a) In a proceeding for an elective share, the following are applied first to satisfy the elective share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others: (1) amounts include…
AS 13.12.210 Personal liability of recipients.
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(a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward sati…
AS 13.12.211 Proceeding for elective share; time limit.
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(a) Except as provided in (b) of this section, the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within six months aft…
AS 13.12.212 Right of election personal to surviving spouse; incapacitated surviving spouse.
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(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under AS 13.12.211(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spou…
AS 13.12.213 Waiver of right to elect and of other rights.
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(a) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or to any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signe…
AS 13.12.214 Protection of payors and other third parties.
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Article 3. Spouse or Children Unprovided for in Wills. (a) Although under AS 13.12.205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred a…
AS 13.12.301 Entitlement of spouse; premarital will.
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(a) If a testator's surviving spouse married the testator after the testator executed the testator's will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse would have received if the testato…
AS 13.12.302 Omitted children.
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Article 4. Exempt Property and Allowances. (a) Except as provided in (b) of this section, if a testator fails to provide in the testator's will for the testator's children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a sh…
AS 13.12.401 Applicable law.
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Except as provided in AS 13.06.068, AS 13.12.401 — 13.12.405 apply to the estate of a decedent who dies domiciled in this state, and rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of…