HB 307: "An Act relating to the Uniform Probate Code, including nonprobate transfers, guardianships, trusts, and multiple-party accounts; amending Alaska Rule of Probate Procedure 5; and providing for an effective date."
00HOUSE BILL NO. 307 01 "An Act relating to the Uniform Probate Code, including nonprobate transfers, 02 guardianships, trusts, and multiple-party accounts; amending Alaska Rule of 03 Probate Procedure 5; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 13.06.035 is repealed and reenacted to read: 06 Sec. 13.06.035. EVIDENCE OF DEATH OR STATUS. In addition to the 07 Alaska Rules of Evidence, the following rules relating to a determination of death and 08 status apply: 09 (1) death occurs when an individual has sustained either irreversible 10 cessation of circulatory and respiratory functions or irreversible cessation of all 11 functions of the entire brain, including the brain stem; a determination of death shall 12 be made under accepted medical standards; 13 (2) a certified or authenticated copy of a death certificate purporting to 14 be issued by an official or agency of the place where the death purportedly occurred
01 is prima facie evidence of the fact, place, date, and time of death and the identity of 02 the decedent; 03 (3) a certified or authenticated copy of a record or report of a 04 governmental agency, domestic or foreign, that an individual is missing, detained, 05 dead, or alive is prima facie evidence of the status and of the dates, circumstances, and 06 places disclosed by the record or report; 07 (4) in the absence of prima facie evidence of death under (2) or (3) of 08 this section, the fact of death may be established by clear and convincing evidence, 09 including circumstantial evidence; 10 (5) an individual whose death is not established under (1) - (4) of this 11 section and who is absent for a continuous period of five years, during which the 12 individual has not been heard from, and whose absence is not satisfactorily explained 13 after diligent search or inquiry, is presumed to be dead; the individual's death is 14 presumed to have occurred at the end of the period unless there is sufficient evidence 15 for determining that death occurred earlier; 16 (6) in the absence of evidence disputing the time of death stated on a 17 document described in (2) or (3) of this section, a document described in (2) or (3) of 18 this section that states a time of death 120 hours or more after the time of death of 19 another individual, however the time of death of the other individual is determined, 20 establishes by clear and convincing evidence that the individual survived the other 21 individual by at least 120 hours. 22 * Sec. 2. AS 13.06.050 is repealed and reenacted to read: 23 Sec. 13.06.050. GENERAL DEFINITIONS FOR AS 13.06 - AS 13.36. 24 Subject to additional definitions contained in AS 13.06 - AS 13.36 that are applicable 25 to specific provisions of AS 13.06 - AS 13.36, and unless the context otherwise 26 requires, in AS 13.06 - AS 13.36 27 (1) "agent" includes an attorney-in-fact under a durable or nondurable 28 power of attorney and an individual authorized to make decisions concerning another's 29 health care; 30 (2) "application" means a written request to the registrar for an order 31 of informal probate or appointment under AS 13.16.080 - 13.16.130;
01 (3) "beneficiary," as it relates to a trust beneficiary, includes a person 02 who has a present or future interest, vested or contingent, and also includes the owner 03 of an interest by assignment or other transfer; as it relates to a charitable trust, 04 "beneficiary" includes a person entitled to enforce the trust; as it relates to a 05 "beneficiary of a beneficiary designation," "beneficiary" means a beneficiary of an 06 insurance or annuity policy, of an account with payment on death designation under 07 AS 13.31, of a security registered in a transfer on death beneficiary form, or of a 08 pension, profit-sharing, retirement, or similar benefit plan, or of another nonprobate 09 transfer at death; and, as it relates to a "beneficiary designated in a governing 10 instrument," "beneficiary" includes a grantee of a deed, a devisee, a trust beneficiary, 11 a beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a 12 power of appointment, and a person in whose favor a power of attorney or a power 13 held in an individual, fiduciary, or representative capacity is exercised; 14 (4) "beneficiary designation" means a governing instrument naming a 15 beneficiary of an insurance or annuity policy, of an account with payment on death 16 designation under AS 13.31, of a security registered in a transfer on death beneficiary 17 form, or of a pension, profit-sharing, retirement, or similar benefit plan, or of another 18 nonprobate transfer at death; 19 (5) "child" includes an individual entitled to take as a child under 20 AS 13.06 - AS 13.36 by intestate succession from the parent whose relationship is 21 involved, and excludes a person who is only a stepchild, a foster child, a grandchild, 22 or a more remote descendant; 23 (6) "claims," in respect to estates of decedents and protected persons, 24 includes liabilities of the decedent or protected person, whether arising in contract, in 25 tort, or in another way, and liabilities of the estate that arise at or after the death of the 26 decedent or after the appointment of a conservator, including funeral expenses and 27 expenses of administration; "claims" does not include estate or inheritance taxes, or 28 demands or disputes regarding title of a decedent or protected person to specific assets 29 alleged to be included in the estate; 30 (7) "court" means the superior court in this state; 31 (8) "conservator" means a person who is appointed by a court to
01 manage the estate of a protected person; 02 (9) "descendant" of an individual means all of the individual's 03 descendants of all generations, with the relationship of parent and child at each 04 generation being determined by the definition of child and parent contained in 05 AS 13.06 - AS 13.36; 06 (10) "devise," when used as a noun, means a testamentary disposition 07 of real or personal property and, when used as a verb, means to dispose of real or 08 personal property by will; 09 (11) "devisee" means a person designated in a will to receive a devise; 10 in AS 13.16, in the case of a devise to an existing trust or trustee, or to a trust or 11 trustee described by will, the trust or trustee is the devisee and the beneficiaries are not 12 devisees; 13 (12) "disability" means a cause for a protective order as described in 14 AS 13.26.165; 15 (13) "distributee" means a person who has received property of a 16 decedent from the decedent's personal representative other than as a creditor or 17 purchaser; "distributee" includes a testamentary trustee only to the extent of the 18 distributed assets, or increment to the distributed assets, remaining in the hands of the 19 testamentary trustee; "distributee" includes a beneficiary of a testamentary trust to 20 whom the trustee has distributed property received from a personal representative; in 21 this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred 22 by will, to the extent of the devised assets; 23 (14) "estate" includes the property of the decedent, trust, or other 24 person whose affairs are subject to AS 13.06 - AS 13.36 as originally constituted and 25 as it exists from time to time during administration; 26 (15) "exempt property" means the property of a decedent's estate that 27 is described in AS 13.12.403; 28 (16) "fiduciary" includes a personal representative, guardian, 29 conservator, and trustee; 30 (17) "foreign personal representative" means a personal representative 31 appointed by another jurisdiction;
01 (18) "formal proceedings" means proceedings conducted before a judge 02 with notice to interested persons; 03 (19) "governing instrument" means a deed, a will, a trust, an insurance 04 or annuity policy, an account with payment on death designation under AS 13.31, a 05 security registered in a transfer on death beneficiary form, a pension, profit-sharing, 06 retirement, or similar benefit plan, an instrument creating or exercising a power of 07 appointment or a power of attorney, or a dispositive, appointive, or nominative 08 instrument of a similar type; 09 (20) "guardian" means a person who has qualified as a guardian of a 10 minor or incapacitated person in accordance with testamentary or court appointment, 11 but excludes a person who is merely a guardian ad litem; 12 (21) "heirs," except as controlled by AS 13.12.711, means a person, 13 including the surviving spouse and the state, who is entitled under the statutes of 14 intestate succession to the property of a decedent; 15 (22) "incapacitated person" has the meaning given in AS 13.26.005; 16 (23) "informal proceedings" means those proceedings conducted without 17 notice to interested persons by an officer of the court acting as a registrar for probate 18 of a will or appointment of a personal representative; 19 (24) "interested person" includes heirs, devisees, children, spouses, 20 creditors, beneficiaries, and other persons having property rights in or claims against 21 a trust estate or the estate of a decedent, ward, or protected person; "interested person" 22 also includes persons having priority for appointment as personal representative, and 23 other fiduciaries representing interested persons; "interested person," as it relates to 24 particular persons, may vary from time to time and its meaning shall be determined 25 according to the particular purposes of, and matter involved in, a proceeding; 26 (25) "issue" of a person means a descendant under (9) of this section; 27 (26) "joint tenants with the right of survivorship" includes co-owners 28 of property held under circumstances that entitle one or more of the co-owners to the 29 whole of the property on the death of one or more of the other co-owners, but excludes 30 forms of co-ownership registration in which the underlying ownership of each party 31 is in proportion to that party's contribution;
01 (27) "lease" includes an oil, gas, or mineral lease; 02 (28) "letters" includes letters testamentary, letters of guardianship, 03 letters of administration, and letters of conservatorship; 04 (29) "minor" means a person who is under 18 years of age; 05 (30) "mortgage" means a conveyance, agreement, or arrangement in 06 which property is encumbered or used as security; 07 (31) "nonresident decedent" means a decedent who was domiciled in 08 another jurisdiction at the time of the decedent's death; 09 (32) "organization" means a corporation, business trust, estate, trust, 10 partnership, joint venture, association, government or governmental subdivision or 11 agency, or another legal or commercial entity; 12 (33) "parent" includes a person entitled to take, or who would be 13 entitled to take if a child dies without a will, as a parent under AS 13.06 - AS 13.36 14 by intestate succession from the child whose relationship is in question, and excludes 15 a person who is only a stepparent, foster parent, or grandparent; 16 (34) "payor" means a trustee, insurer, business entity, employer, 17 government, governmental agency or subdivision, or another person authorized or 18 obligated by law or a governing instrument to make payments; 19 (35) "personal representative" includes an executor, an administrator, 20 a successor personal representative, a special administrator, and a person who performs 21 substantially the same function under the law governing their status; "general personal 22 representative" excludes a special administrator; 23 (36) "petition" means a written request to the court for an order after 24 notice; 25 (37) "proceeding" includes an action at law and a suit in equity; 26 (38) "property" means anything that may be the subject of ownership, 27 and includes both real and personal property and an interest in real or personal 28 property; 29 (39) "protected person" has the meaning given in AS 13.26.005; 30 (40) "protective proceeding" has the meaning given in AS 13.26.005; 31 (41) "registrar" means the official of the court designated to perform
01 the functions of registrar under AS 13.06.090; 02 (42) "security" includes a note, a stock, a treasury stock, a bond, a 03 debenture, an evidence of indebtedness, a certificate of interest or participation in an 04 oil, gas, or mining title or lease or in payments out of production under an oil, gas, or 05 mining title or lease, a collateral trust certificate, a transferable share, a voting trust 06 certificate, an interest or instrument commonly known as a security, or a certificate of 07 interest or participation in, a temporary or interim certificate, receipt, or certificate of 08 deposit for, or a warrant or right to subscribe to or purchase, one of the items 09 identified in this paragraph; 10 (43) "settlement," in reference to a decedent's estate, includes the full 11 process of administration, distribution, and closing; 12 (44) "special administrator" means a personal representative as 13 described by AS 13.16.310 - 13.16.330; 14 (45) "state" means a state of the United States, the District of 15 Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession 16 subject to the jurisdiction of the United States; 17 (46) "successor personal representative" means a personal 18 representative, other than a special administrator, who is appointed to succeed a 19 previously appointed personal representative; 20 (47) "successor" means a person, other than a creditor, who is entitled 21 to property of a decedent under the decedent's will or AS 13.06 - AS 13.36; 22 (48) "supervised administration" refers to the proceedings described in 23 AS 13.16.215 - 13.16.235; 24 (49) "survive" means to not predecease an event, including the death 25 of another individual, or to not be considered to predecease an event under 26 AS 13.12.104 or 13.12.702; "survive" includes its derivatives, including "survives," 27 "survived," "survivor," and "surviving"; 28 (50) "testacy proceeding" means a proceeding to establish a will or 29 determine intestacy; 30 (51) "testator" includes an individual of either sex; 31 (52) "trust" includes an express trust, private or charitable, with
01 additions to the trust, wherever and however created; "trust" also includes a trust 02 created or determined by judgment or decree under which the trust is to be 03 administered in the manner of an express trust; "trust" excludes other constructive 04 trusts, resulting trusts, conservatorships, personal representatives, custodial 05 arrangements under AS 13.26 or AS 13.46, business trusts providing for certificates 06 to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, 07 liquidation trusts, trusts for the primary purpose of paying debts, dividends, interest, 08 salaries, wages, profits, pensions, or employee benefits of any kind, and any 09 arrangement under which a person is nominee or escrowee for another; 10 (53) "trustee" includes an original, additional, or successor trustee, 11 whether or not appointed or confirmed by a court; 12 (54) "ward" has the meaning given in AS 13.26.005; 13 (55) "will" includes a codicil and a testamentary instrument that merely 14 appoints an executor, revokes or revises another will, nominates a guardian, or 15 expressly excludes or limits the right of an individual or class to succeed to property 16 of the decedent passing by intestate succession. 17 * Sec. 3. AS 13 is amended by adding a new chapter to read: 18 CHAPTER 12. INTESTACY, WILLS, AND DONATIVE TRANSFERS. 19 ARTICLE 1. INTESTATE SUCCESSION. 20 Sec. 13.12.101. INTESTATE ESTATE. (a) A part of a decedent's estate not 21 effectively disposed of by will passes by intestate succession to the decedent's heirs 22 as prescribed in AS 13.06 - AS 13.36, except as modified by the decedent's will. 23 (b) A decedent by will may expressly exclude or limit the right of an 24 individual or class to succeed to property of the decedent passing by intestate 25 succession. If that individual or a member of that class survives the decedent, the 26 share of the decedent's intestate estate to which that individual or class would have 27 succeeded passes as if that individual or each member of that class had disclaimed the 28 intestate share of the individual or member. 29 Sec. 13.12.102. SHARE OF SPOUSE. (a) Except as provided in (b) of this 30 section, the intestate share of a decedent's surviving spouse is 31 (1) the entire intestate estate if
01 (A) no descendant or parent of the decedent survives the 02 decedent; or 03 (B) all of the decedent's surviving descendants are also 04 descendants of the surviving spouse and there is no other descendant of the 05 surviving spouse who survives the decedent; 06 (2) the first $200,000, plus three-fourths of any balance of the intestate 07 estate, if no descendant of the decedent survives the decedent, but a parent of the 08 decedent survives the decedent; 09 (3) the first $150,000, plus one-half of any balance of the intestate 10 estate, if all of the decedent's surviving descendants are also descendants of the 11 surviving spouse and the surviving spouse has one or more surviving descendants who 12 are not descendants of the decedent; 13 (4) the first $100,000, plus one-half of any balance of the intestate 14 estate, if one or more of the decedent's surviving descendants are not descendants of 15 the surviving spouse. 16 (b) The intestate share of the surviving spouse in settlement common stock or 17 other inalienable stock in a corporation organized under the laws of the state under 43 18 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement Act) is 19 (1) all of it if there is no surviving issue; or 20 (2) one-half of it if the decedent is survived by issue. 21 Sec. 13.12.103. SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE. 22 A part of the intestate estate not passing to the decedent's surviving spouse under 23 AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in 24 the following order to the individuals designated below who survive the decedent: 25 (1) to the decedent's descendants by representation; 26 (2) if there is no surviving descendant, to the decedent's parents equally 27 if both survive, or to the surviving parent; 28 (3) if there is no surviving descendant or parent, to the descendants of 29 the decedent's parents or either of them by representation; 30 (4) if there is no surviving descendant, parent, or descendant of a 31 parent, but the decedent is survived by one or more grandparents or descendants of
01 grandparents, half of the estate passes to the decedent's paternal grandparents equally 02 if both survive, or to the surviving paternal grandparent, or to the descendants of the 03 decedent's paternal grandparents or either of them if both are deceased, the 04 descendants taking by representation; and the other half passes to the decedent's 05 maternal relatives in the same manner; but if there is no surviving grandparent or 06 descendant of a grandparent on either the paternal or the maternal side, the entire 07 estate passes to the decedent's relatives on the other side in the same manner as the 08 half. 09 Sec. 13.12.104. REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 10 120 HOURS. An individual who fails to survive the decedent by 120 hours is 11 considered to have predeceased the decedent for purposes of homestead allowance, 12 exempt property, and intestate succession, and the decedent's heirs are determined 13 accordingly. If it is not established by clear and convincing evidence that an 14 individual who would otherwise be an heir survived the decedent by 120 hours, it is 15 considered that the individual failed to survive for the required period. This section 16 is not to be applied if its application would result in a taking of intestate estate by the 17 state under AS 13.12.105. 18 Sec. 13.12.105. NO TAKER. If there is no taker under this chapter, 19 (1) personal property in the intestate estate passes to the state and is 20 subject to AS 34.45.280 - 34.45.780; if notice to heirs, substantially equivalent to that 21 required by AS 34.45.310, has been given by the personal representative or other 22 person, AS 34.45.310 does not apply; 23 (2) real property in the intestate estate passes to the state and is subject 24 to AS 38.95.200 - 38.95.270. 25 Sec. 13.12.106. REPRESENTATION. (a) If, under AS 13.12.103(1), all or 26 part of a decedent's intestate estate passes by representation to the decedent's 27 descendants, the estate or part of the estate passing is divided into as many equal 28 shares as there are 29 (1) surviving descendants in the generation nearest to the decedent that 30 contains one or more surviving descendants; and 31 (2) deceased descendants in the same generation who left surviving
01 descendants, if any. 02 (b) Under (a) of this section, each surviving descendant in the nearest 03 generation is allocated one share, and the remaining shares, if any, are combined and 04 then divided in the same manner among the surviving descendants of the deceased 05 descendants as if the surviving descendants who were allocated a share and their 06 surviving descendants had predeceased the decedent. 07 (c) If, under AS 13.12.103(3) or (4), all or part of a decedent's intestate estate 08 passes by representation to the descendants of the decedent's deceased parents or either 09 of them or to the descendants of the decedent's deceased paternal or maternal 10 grandparents or either of them, the estate or part of the estate passing is divided into 11 as many equal shares as there are 12 (1) surviving descendants in the generation nearest the deceased parents 13 or either of them, or the deceased grandparents or either of them, that contains one or 14 more surviving descendants; and 15 (2) deceased descendants in the same generation who left surviving 16 descendants, if any. 17 (d) Under (c) of this section, each surviving descendant in the nearest 18 generation is allocated one share, and the remaining shares, if any, are combined and 19 then divided in the same manner among the surviving descendants of the deceased 20 descendants as if the surviving descendants who were allocated a share and their 21 surviving descendants had predeceased the decedent. 22 (e) In this section, 23 (1) "deceased descendant," "deceased parent," or "deceased 24 grandparent" means a descendant, parent, or grandparent who either predeceased the 25 decedent or is considered to have predeceased the decedent under AS 13.12.104. 26 (2) "surviving descendant" means a descendant who neither predeceased 27 the decedent nor is considered to have predeceased the decedent under AS 13.12.104. 28 Sec. 13.12.107. KINDRED OF HALF BLOOD. Relatives of the half blood 29 inherit the same share they would inherit if the were of the whole blood. 30 Sec. 13.12.108. AFTERBORN HEIRS. An individual in gestation at a 31 particular time is treated as living at that time if the individual lives 120 hours or more
01 after birth. 02 Sec. 13.12.109. ADVANCEMENTS. (a) If an individual dies intestate as to 03 all or a portion of the individual's estate, property the decedent gave during the 04 decedent's lifetime to an individual who, at the decedent's death, is an heir is treated 05 as an advancement against the heir's intestate share only if 06 (1) the decedent declared in a contemporaneous writing or the heir 07 acknowledged in writing that the gift is an advancement; or 08 (2) the decedent's contemporaneous writing or the heir's written 09 acknowledgment otherwise indicates that the gift is to be taken into account in 10 computing the division and distribution of the decedent's intestate estate. 11 (b) For purposes of (a) of this section, property advanced is valued as of the 12 time the heir came into possession or enjoyment of the property or as of the time of 13 the decedent's death, whichever first occurs. 14 (c) If the recipient of the property fails to survive the decedent, the property 15 is not taken into account in computing the division and distribution of the decedent's 16 intestate estate, unless the decedent's contemporaneous writing provides otherwise. 17 Sec. 13.12.110. DEBTS TO DECEDENT. A debt owed to a decedent is not 18 charged against the intestate share of any individual except the debtor. If the debtor 19 fails to survive the decedent, the debt is not taken into account in computing the 20 intestate share of the debtor's descendants. 21 Sec. 13.12.111. ALIENAGE. An individual is not disqualified to take as an 22 heir because the individual or another individual through whom the individual claims 23 is or has been an alien. 24 Sec. 13.12.113. INDIVIDUALS RELATED TO DECEDENT THROUGH 25 TWO LINES. An individual who is related to the decedent through two lines of 26 relationship is entitled to only a single share based on the relationship that would 27 entitle the individual to the larger share. 28 Sec. 13.12.114. PARENT AND CHILD RELATIONSHIP. (a) Except as 29 provided in (b) - (c) of this section, for purposes of intestate succession by, through, 30 or from a person, an individual is the child of the individual's natural parents, 31 regardless of their marital status. The parent and child relationship may be established
01 as indicated under AS 25.20.050. 02 (b) Except as provided by AS 25.23.130, an adopted individual is the child of 03 the individual's adopting parent or parents and not of the individual's natural parents, 04 but adoption of a child by the spouse of either natural parent does not affect 05 (1) the relationship between the child and that natural parent; or 06 (2) the right of the child or a descendant of the child to inherit from 07 or through the other natural parent. 08 (c) Except as provided by AS 25.23.130, inheritance from or through a child 09 by either natural parent or the natural parent's kindred is precluded unless that natural 10 parent has openly treated the child as the natural parent's child, and has not refused 11 to support the child. 12 ARTICLE 2. ELECTIVE SHARE OF SURVIVING SPOUSE. 13 Sec. 13.12.201. ELECTIVE SHARE. (a) The surviving spouse of a decedent 14 who dies domiciled in this state has a right of election, under the limitations and 15 conditions stated in AS 13.12.201 - 13.12.207, to take an elective share amount equal 16 to the value of the elective share percentage of the augmented estate, determined by 17 the length of time the spouse and the decedent were married to each other, in 18 accordance with the following schedule: 19 If the decedent and the spouse The elective share 20 were married to each other: percentage is: 21 Less than 1 year. . . . . . . . . . . . . . . . . . supplemental amount only; 22 1 year but less than 2 years. . . . . . . .3 percent of the augmented estate; 23 2 years but less than 3 years . . . . . . .6 percent of the augmented estate; 24 3 years but less than 4 years . . . . . . .9 percent of the augmented estate; 25 4 years but less than 5 years . . . . . . 12 percent of the augmented estate; 26 5 years but less than 6 years . . . . . . 15 percent of the augmented estate; 27 6 years but less than 7 years . . . . . . 18 percent of the augmented estate; 28 7 years but less than 8 years . . . . . . 21 percent of the augmented estate; 29 8 years but less than 9 years . . . . . . 24 percent of the augmented estate; 30 9 years but less than 10 years. . . . . . 27 percent of the augmented estate; 31 10 years but less than 11 years . . . . . 30 percent of the augmented estate;
01 11 years but less than 12 years . . . . . 34 percent of the augmented estate; 02 12 years but less than 13 years . . . . . 38 percent of the augmented estate; 03 13 years but less than 14 years . . . . . 42 percent of the augmented estate; 04 14 years but less than 15 years . . . . . 46 percent of the augmented estate; 05 15 years or more. . . . . . . . . . . . . 50 percent of the augmented estate. 06 (b) If the sum of the amounts described in AS 13.12.202(a)(3) - (4), 07 13.12.207(a)(1) and (3), and that part of the elective share amount payable from the 08 decedent's probate and reclaimable estates under AS 13.12.207(b) - (c) is less than 09 $50,000, the surviving spouse is entitled to a supplemental elective share amount equal 10 to $50,000, minus the sum of the amounts described in AS 13.12.202(a)(3) - (4) and 11 13.12.207(a)(1) and (3), (b), and (c). The supplemental elective share amount is 12 payable from the decedent's probate estate and from recipients of the decedent's 13 reclaimable estate in the order of priority set out in AS 13.12.207(b) - (c). 14 (c) The right, if any, of the surviving spouse of a decedent who dies domiciled 15 outside this state to take an elective share in property in this state is governed by the 16 law of the decedent's domicile at death. 17 Sec. 13.12.202. AUGMENTED ESTATE. (a) The augmented estate consists 18 of the sum of 19 (1) the value of the decedent's probate estate, reduced by funeral and 20 administration expenses, homestead allowance, family allowances and exemptions, and 21 enforceable claims; 22 (2) the value of the decedent's reclaimable estate, which is composed 23 of all property, whether real or personal, movable or immovable, wherever situated, 24 not included in the decedent's probate estate, of any of the following types: 25 (A) property to the extent the passing of the principal of the 26 property to or for the benefit of a person, other than the decedent's surviving 27 spouse, was subject to a presently exercisable general power of appointment 28 held by the decedent alone, if the decedent held that power immediately before 29 the decedent's death or if and to the extent the decedent, while married to the 30 decedent's surviving spouse and during the two-year period next preceding the 31 decedent's death, released that power or exercised that power in favor of a
01 person other than the decedent or the decedent's estate, spouse, or surviving 02 spouse; 03 (B) property, to the extent of the decedent's unilaterally 04 severable interest in the property, held by the decedent and another person, 05 except the decedent's surviving spouse, with right of survivorship, if the 06 decedent held that interest immediately before the decedent's death or if and 07 to the extent the decedent, while married to the decedent's surviving spouse 08 and during the two-year period next preceding the decedent's death, transferred 09 that interest to a person other than the decedent's surviving spouse; 10 (C) proceeds of insurance, including accidental death benefits, 11 on the life of the decedent payable to a person other than the decedent's 12 surviving spouse, if the decedent owned the insurance policy, if the decedent 13 had the power to change the beneficiary of the insurance policy, if the 14 insurance policy was subject to a presently exercisable general power of 15 appointment held by the decedent alone immediately before the decedent's 16 death, or if and to the extent the decedent, while married to the decedent's 17 surviving spouse and during the two-year period next preceding the decedent's 18 death, transferred the policy to a person other than the decedent's surviving 19 spouse; and 20 (D) property transferred by the decedent to a person other than 21 a bona fide purchaser at any time during the decedent's marriage to the 22 surviving spouse, to or for the benefit of a person, other than the decedent's 23 surviving spouse, if the transfer is 24 (i) a transfer to the extent that the decedent retained at 25 the time of or during the two-year period next preceding the decedent's 26 death the possession or enjoyment of, or right to income from, the 27 property; 28 (ii) a transfer to the extent that, at the time of or during 29 the two-year period next preceding the decedent's death, the income or 30 principal was subject to a power, exercisable by the decedent alone or 31 in conjunction with another person or exercisable by a nonadverse
01 party, for the benefit of the decedent or the decedent's estate; 02 (iii) a transfer of property, to the extent the decedent's 03 contribution to it, as a percentage of the whole, was made during the 04 two-year period next preceding the decedent's death, by which the 05 property is held, at the time of or during the two-year period next 06 preceding the decedent's death, by the decedent and another person, 07 other than the decedent's surviving spouse, with right of survivorship; 08 or 09 (iv) a transfer made to a donee during the two-year 10 period next preceding the decedent's death to the extent that the 11 aggregate transfers to one donee in either of the years exceed $10,000. 12 (3) the value of property to which the surviving spouse succeeds by 13 reason of the decedent's death, other than by homestead allowance, exempt property, 14 family allowance, testate succession, or intestate succession, including the proceeds of 15 insurance, including accidental death benefits, on the life of the decedent and benefits 16 payable under a retirement plan in which the decedent was a participant, exclusive of 17 benefits under 42 U.S.C. 301 - 1397f (Social Security Act); and 18 (4) the value of property owned by the surviving spouse at the 19 decedent's death, reduced by enforceable claims against that property or that spouse, 20 plus the value of amounts that would have been includable in the surviving spouse's 21 reclaimable estate had the spouse predeceased the decedent; but amounts that would 22 have been includable in the surviving spouse's reclaimable estate under (2)(C) of this 23 subsection are not valued as if the decedent were deceased. 24 (b) A transfer, exercise, or release of a power of appointment is excluded from 25 the decedent's reclaimable estate 26 (1) to the extent the decedent received adequate and full consideration 27 in money or money's worth for the transfer, exercise, or release; or 28 (2) if irrevocably made with the written consent or joinder of the 29 surviving spouse. 30 (c) Property is valued as of the decedent's death, but property irrevocably 31 transferred during the two-year period next preceding the decedent's death that is
01 included in the decedent's reclaimable estate under (a)(2)(A), (B), and (C) of this 02 section is valued as of the time of the transfer. If the terms of more than one of the 03 subparagraphs or sub-subparagraphs of (a)(2) of this section apply, the property is 04 included in the augmented estate under the subparagraph or sub-subparagraph that 05 yields the highest value. In this subsection, an "irrevocable transfer of property" 06 includes an irrevocable exercise or release of a power of appointment. 07 (d) Although under this section a payment, item of property, or other benefit 08 is included in the decedent's reclaimable estate, a payor or other third party is not 09 liable for having made a payment or transferred an item of property or other benefit 10 to a beneficiary designated in a governing instrument, or for having taken other action 11 in good faith reliance on the validity of a governing instrument, upon request and 12 satisfactory proof of the decedent's death, before the payor or other third party 13 received written notice from the surviving spouse or spouse's representative of an 14 intention to file a petition for the elective share or that a petition for the elective share 15 has been filed. A payor or other third party is liable for payments made or other 16 actions taken after the payor or other third party receives written notice of an intention 17 to file a petition for the elective share or that a petition for the elective share has been 18 filed. 19 (e) The written notice under (d) of this section of intention to file a petition 20 for the elective share or that a petition for the elective share has been filed shall be 21 mailed to the payor's or other third party's main office or home by registered or 22 certified mail, return receipt requested, or served upon the payor or other third party 23 in the same manner as a summons in a civil action. Upon receipt of written notice of 24 intention to file a petition for the elective share or that a petition for the elective share 25 has been filed, a payor or other third party may pay any amount owed or transfer or 26 deposit an item of property held by it to or with the court having jurisdiction of the 27 probate proceedings relating to the decedent's estate, or if proceedings have not been 28 commenced, to or with the court located in the judicial district of the decedent's 29 residence. The court shall hold the funds or item of property and, upon its 30 determination under AS 13.12.205(d), shall order disbursement in accordance with the 31 determination. If a petition is not filed in the court within the specified time under
01 AS 13.12.205(a) or, if filed, the demand for an elective share is withdrawn under 02 AS 13.12.205(c), the court shall order disbursement to the designated beneficiary. 03 Payments, transfers, or deposits made to or with the court discharge the payor or other 04 third party from all claims for the value of amounts paid to or items of property 05 transferred to or deposited with the court. 06 (f) Under (d) - (e) of this section, upon petition to the court by the beneficiary 07 designated in a governing instrument, the court may order that all or part of the 08 property be paid to the beneficiary in an amount and subject to conditions consistent 09 with this section. 10 (g) A person who purchases property from a recipient for value and without 11 notice, or who receives a payment or other item of property in partial or full 12 satisfaction of a legally enforceable obligation, is neither obligated under 13 AS 13.12.201 - 13.12.207 to return the payment, item of property, or benefit nor 14 liable under AS 13.12.201 - 13.12.207 for the amount of the payment or the value of 15 the item of property or benefit. But a person who, not for value, receives a payment, 16 item of property, or other benefit included in the decedent's reclaimable estate is 17 obligated to return the payment, item of property, or benefit, or is personally liable for 18 the amount of the payment or the value of the item of property or benefit, as provided 19 in AS 13.12.207. 20 (h) With regard to (g) of this section, if a provision of AS 13.12.201 - 21 13.12.207 is preempted by federal law with respect to a payment, an item of property, 22 or other benefit included in the decedent's reclaimable estate, a person who, not for 23 value, receives the payment, item of property, or other benefit is obligated to return 24 that payment, item of property, or benefit, or is personally liable for the amount of that 25 payment or the value of that item of property or benefit, as provided in AS 13.12.207, 26 to the person who would have been entitled to it if that provision were not preempted. 27 (i) In this section, 28 (1) "bona fide purchaser" means a purchaser for value in good faith 29 and without notice of an adverse claim; 30 (2) "nonadverse party" means a person who does not have a substantial 31 beneficial interest in the trust or other property arrangement that would be adversely
01 affected by the exercise or nonexercise of the power that the person possesses 02 respecting the trust or other property arrangement; a person having a general power of 03 appointment over property is considered to have a beneficial interest in the property; 04 (3) "presently exercisable general power of appointment" means a 05 power of appointment under which, at the time in question, the decedent by an 06 exercise of the power could have created an interest, present or future, in the decedent 07 or the decedent's creditors; 08 (4) "probate estate" means property, whether real or personal, movable 09 or immovable, wherever situated, that would pass by intestate succession if the 10 decedent died without a valid will; 11 (5) "right to income" includes a right to payments under an annuity or 12 similar contractual arrangement; 13 (6) "value of property owned by the surviving spouse at the decedent's 14 death" and "value of property to which the surviving spouse succeeds by reason of the 15 decedent's death" include the commuted value of a present or future interest then held 16 by the surviving spouse and the commuted value of amounts payable to the surviving 17 spouse after the decedent's death, under a trust, life insurance settlement option, 18 annuity contract, public or private pension, disability compensation, death benefit or 19 retirement plan, or a similar arrangement, exclusive of benefits under 42 U.S.C. 301 - 1397f (Social Security Act). 20 (j) In (a)(2)(C) - (D) of this section, "transfer" includes an exercise or release 21 of a power of appointment, but does not include a lapse of a power of appointment. 22 Sec. 13.12.203. RIGHT OF ELECTION PERSONAL TO SURVIVING 23 SPOUSE. (a) The right of election may be exercised only by a surviving spouse who 24 is living when the petition for the elective share is filed in the court under 25 AS 13.12.205(a). If the election is not exercised by the surviving spouse personally, 26 it may be exercised on the surviving spouse's behalf by the surviving spouse's 27 conservator, guardian, or agent under the authority of a power of attorney. 28 (b) If the election is exercised on behalf of a surviving spouse who is an 29 incapacitated person, the court shall set aside that portion of the elective share and 30 supplemental elective share amounts due from the decedent's probate estate and 31 recipients of the decedent's reclaimable estate under AS 13.12.207(b) - (c) and shall
01 appoint a trustee to administer that property for the support of the surviving spouse. 02 In this subsection, an election on behalf of a surviving spouse by an agent under a 03 durable power of attorney is presumed to be on behalf of a surviving spouse who is 04 an incapacitated person. The trustee shall administer the trust in accordance with the 05 following terms and additional terms the court determines appropriate: 06 (1) expenditures of income and principal may be made in the manner, 07 when, and to the extent that the trustee determines suitable and proper for the 08 surviving spouse's support, without court order but with regard to other support, 09 income, and property of the surviving spouse and benefits of medical or other forms 10 of assistance from a state or federal government or governmental agency for which the 11 surviving spouse must qualify on the basis of need; 12 (2) during the surviving spouse's incapacity, neither the surviving 13 spouse nor a person acting on behalf of the surviving spouse has a power to terminate 14 the trust; but if the surviving spouse regains capacity, the surviving spouse then 15 acquires the power to terminate the trust and acquire full ownership of the trust 16 property free of trust, by delivering to the trustee a writing signed by the surviving 17 spouse declaring the termination; 18 (3) upon the surviving spouse's death, the trustee shall transfer the 19 unexpended trust property in the following order: 20 (A) under the residuary clause, if any, of the will of the 21 predeceased spouse against whom the elective share was taken, as if that 22 predeceased spouse died immediately after the surviving spouse; or 23 (B) to that predeceased spouse's heirs under AS 13.12.711. 24 Sec. 13.12.204. WAIVER OF RIGHT TO ELECT AND OF OTHER RIGHTS. 25 (a) The right of election of a surviving spouse and the rights of the surviving spouse 26 to homestead allowance, exempt property, and family allowance, or to any of them, 27 may be waived, wholly or partially, before or after marriage, by a written contract, 28 agreement, or waiver signed by the surviving spouse. 29 (b) A surviving spouse's waiver is not enforceable if the surviving spouse 30 proves that 31 (1) the surviving spouse did not execute the waiver voluntarily; or
01 (2) the waiver was unconscionable when it was executed and, before 02 execution of the waiver, the surviving spouse 03 (A) was not provided with a fair and reasonable disclosure of 04 the property or financial obligations of the decedent; 05 (B) did not voluntarily and expressly waive, in writing, a right 06 to disclosure of the property or financial obligations of the decedent beyond the 07 disclosure provided; and 08 (C) did not have, or reasonably could not have had, an adequate 09 knowledge of the property or financial obligations of the decedent. 10 (c) An issue of unconscionability of a waiver is for decision by the court as 11 a matter of law. 12 (d) Unless it provides to the contrary, a waiver of "all rights," or equivalent 13 language, in the property or estate of a present or prospective spouse or a complete 14 property settlement entered into after or in anticipation of separation or divorce is a 15 waiver of all rights of elective share, homestead allowance, exempt property, and 16 family allowance by each spouse in the property of the other and a renunciation by 17 each of all benefits that would otherwise pass to the spouse from the other by intestate 18 succession or by virtue of a will executed before the waiver or property settlement. 19 Sec. 13.12.205. PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT. (a) 20 Except as provided in (b) of this section, the election shall be made by filing in the 21 court and mailing or delivering to the personal representative, if any, a petition for the 22 elective share within nine months after the date of the decedent's death, or within six 23 months after the probate of the decedent's will, whichever limitation expires later. The 24 surviving spouse shall give notice of the time and place set for hearing to persons 25 interested in the estate and to the distributees and recipients of portions of the 26 augmented estate whose interests will be adversely affected by the taking of the 27 elective share. Except as provided in (b) of this section, the decedent's reclaimable 28 estate, described in AS 13.12.202(a)(2), is not included within the augmented estate 29 for the purpose of computing the elective share, if the petition is filed more than nine 30 months after the decedent's death. 31 (b) Within nine months after the decedent's death, the surviving spouse may
01 petition the court for an extension of time for making an election. If, within nine 02 months after the decedent's death, the spouse gives notice of the petition to all persons 03 interested in the decedent's reclaimable estate, the court for cause shown by the 04 surviving spouse may extend the time for election. If the court grants the spouse's 05 petition for an extension, the decedent's reclaimable estate, described in 06 AS 13.12.202(a)(2), is not excluded from the augmented estate for the purpose of 07 computing the elective share and supplemental elective share amounts, if the spouse 08 makes an election by filing in the court and mailing or delivering to the personal 09 representative, if any, a petition for the elective share within the time allowed by the 10 extension. 11 (c) The surviving spouse may withdraw the surviving spouse's demand for an 12 elective share at any time before entry of a final determination by the court. 13 (d) After notice and hearing, the court shall determine the elective share and 14 supplemental elective share amounts, and shall order payment of these amounts from 15 the assets of the augmented estate or by contribution as appears appropriate under 16 AS 13.12.207. If it appears that a fund or property included in the augmented estate 17 has not come into the possession of the personal representative, or has been distributed 18 by the personal representative, the court nevertheless shall fix the liability of a person 19 who has an interest in the fund or property or who has possession of the fund or the 20 property, whether as trustee or otherwise. The proceeding may be maintained against 21 fewer than all persons against whom relief could be sought, but a person is not subject 22 to contribution in a greater amount than the person would have been under 23 AS 13.12.207 if relief had been secured against all persons subject to contribution. 24 (e) An order or judgment of the court may be enforced as necessary in suit for 25 contribution or payment in other courts of this state or other jurisdictions. 26 Sec. 13.12.206. EFFECT OF ELECTION ON STATUTORY BENEFITS. If 27 the right of election is exercised by or on behalf of the surviving spouse, the surviving 28 spouse's homestead allowance, exempt property, and family allowance, if any, are not 29 charged against but are in addition to the elective share and supplemental elective 30 share amounts. 31 Sec. 13.12.207. CHARGING SPOUSE WITH OWNED ASSETS AND GIFTS
01 RECEIVED; LIABILITY OF OTHERS FOR BALANCE OF ELECTIVE SHARE. 02 (a) In a proceeding for an elective share, the following are applied first to satisfy the 03 elective share amount and to reduce or eliminate any contributions due from the 04 decedent's probate estate and recipients of the decedent's reclaimable estate: 05 (1) amounts included in the augmented estate that pass or have passed 06 to the surviving spouse by testate or intestate succession; 07 (2) amounts included in the augmented estate under 08 AS 13.12.202(a)(3); 09 (3) amounts included in the augmented estate that would have passed 10 to the spouse but were disclaimed; and 11 (4) amounts included in the augmented estate under AS 13.12.202(a)(4) 12 up to the applicable percentage for the augmented estate; in this paragraph, the 13 "applicable percentage" means twice the elective share percentage set out in the 14 schedule in AS 13.12.201(a) appropriate to the length of time the spouse and the 15 decedent were married to each other. 16 (b) If, after the application of (a) of this section, the elective share amount is 17 not fully satisfied or the surviving spouse is entitled to a supplemental elective share 18 amount, amounts included in the decedent's probate estate and that portion of the 19 decedent's reclaimable estate other than amounts irrevocably transferred within two 20 years before the decedent's death are applied first to satisfy the unsatisfied balance of 21 the elective share amount or the supplemental elective share amount. The decedent's 22 probate estate and that portion of the decedent's reclaimable estate shall be applied so 23 that liability for the unsatisfied balance of the elective share amount or for the 24 supplemental elective share amount is equitably apportioned among the recipients of 25 the decedent's probate estate and that portion of the decedent's reclaimable estate in 26 proportion to the value of the recipients' interests in the reclaimable estate. 27 (c) If, after the application of (a) - (b) of this section, the elective share or 28 supplemental elective share amount is not fully satisfied, the remaining portion of the 29 decedent's reclaimable estate shall be applied so that liability for the unsatisfied 30 balance of the elective share or supplemental elective share amount is equitably 31 apportioned among the recipients of that portion of the decedent's reclaimable estate
01 in proportion to the value of the recipients' interests in the reclaimable estate. 02 (d) Only original recipients of the reclaimable estate described in 03 AS 13.12.202(a)(2), and the donees of the recipients of the reclaimable estate to the 04 extent the donees have the property or its proceeds, are liable to make a proportional 05 contribution toward satisfaction of the surviving spouse's elective share or 06 supplemental elective share amount. A person liable to make contribution may choose 07 to give up the proportional part of the reclaimable estate or to pay the value of the 08 amount for which the person is liable. 09 ARTICLE 3. SPOUSE AND CHILDREN UNPROVIDED FOR 10 IN WILLS. 11 Sec. 13.12.301. ENTITLEMENT OF SPOUSE; PREMARITAL WILL. (a) 12 If a testator's surviving spouse married the testator after the testator executed the 13 testator's will, the surviving spouse is entitled to receive, as an intestate share, no less 14 than the value of the share of the estate the surviving spouse would have received if 15 the testator had died intestate as to that portion of the testator's estate, if any, that 16 neither is devised to a child of the testator who was born before the testator married 17 the surviving spouse and who is not a child of the surviving spouse nor is devised or 18 passes under AS 13.12.603 or 13.12.604 to a descendant of the child, unless 19 (1) it appears from the will or other evidence that the will was made 20 in contemplation of the testator's marriage to the surviving spouse; 21 (2) the will expresses the intention that it is to be effective 22 notwithstanding a subsequent marriage; or 23 (3) the testator provided for the spouse by transfer outside the will and 24 the intent that the transfer be in lieu of a testamentary provision is shown by the 25 testator's statements or is reasonably inferred from the amount of the transfer or other 26 evidence. 27 (b) In satisfying the share provided by this section, devises made by the will 28 to the testator's surviving spouse, if any, are applied first, and other devises, other than 29 a devise to a child of the testator who was born before the testator married the 30 surviving spouse and who is not a child of the surviving spouse or a devise or 31 substitute gift under AS 13.12.603 or 13.12.604 to a descendant of the child, abate as
01 provided in AS 13.16.540. 02 Sec. 13.12.302. OMITTED CHILDREN. (a) Except as provided in (b) of 03 this section, if a testator fails to provide in the testator's will for the testator's children 04 born or adopted after the execution of the will, the omitted after-born or after-adopted 05 child receives a share in the estate as follows: 06 (1) if the testator did not have a child living when the testator executed 07 the will, an omitted after-born of after-adopted child receives a share in the estate 08 equal in value to that which the child would have received had the testator died 09 intestate, unless the will devised all or substantially all of the estate to the other parent 10 of the omitted child and that other parent survives the testator and is entitled to take 11 under the will; 12 (2) if the testator had one or more children living when the testator 13 executed the will, and the will devised property or an interest in property to one or 14 more of the then living children, an omitted after-born or after-adopted child is entitled 15 to share in the testator's estate as follows: 16 (A) the portion of the testator's estate in which the omitted 17 after-born or after-adopted child is entitled to share is limited to devises made 18 to the testator's then living children under the will; 19 (B) the omitted after-born or after-adopted child is entitled to 20 receive the share of the testator's estate, as limited in (A) of this paragraph, 21 that the child would have received had the testator included all omitted after-born and after-adopted children with the 22 children to whom devises were made 23 under the will and had given an equal share of the estate to each child; 24 (C) to the extent feasible, the interest granted an omitted after-born or after-adopted child under this section 25 must be of the same character, 26 whether equitable or legal, or present or future, as that devised to the testator's 27 then living children under the will; 28 (D) in satisfying a share provided by this paragraph, devises to 29 the testator's children who were living when the will was executed abate 30 ratably; in abating the devises of the then living children, the court shall 31 preserve to the maximum extent possible the character of the testamentary plan
01 adopted by the testator. 02 (b) Neither (a)(1), nor (a)(2), nor (c) of this section applies if 03 (1) it appears from the will that the omission was intentional; or 04 (2) the testator provided for the omitted after-born or after-adopted 05 child by transfer outside the will and the intent that the transfer be in lieu of a 06 testamentary provision is shown by the testator's statements or is reasonably inferred 07 from the amount of the transfer or other evidence. 08 (c) Except as provided in (b) of this section, if at the time of execution of the 09 will the testator fails to provide in the testator's will for a living child solely because 10 the testator believes the child to be dead, the child is entitled to share in the estate as 11 if the child were an omitted after-born or after-adopted child. 12 (d) In satisfying a share provided by (a)(1) of this section, devises made by 13 the will abate under AS 13.16.540. 14 ARTICLE 4. EXEMPT PROPERTY AND ALLOWANCES. 15 Sec. 13.12.401. APPLICABLE LAW. AS 12.13.401 - 12.13.405 apply to the 16 estate of a decedent who dies domiciled in this state. Rights to homestead allowance, 17 exempt property, and family allowance for a decedent who dies not domiciled in this 18 state are governed by the law of the decedent's domicile at death. 19 Sec. 13.12.402. HOMESTEAD ALLOWANCE. A decedent's surviving 20 spouse is entitled to a homestead allowance of $27,000. If there is no surviving 21 spouse, each minor child and each dependent child of the decedent is entitled to a 22 homestead allowance amounting to $27,000 divided by the number of minor and 23 dependent children of the decedent. The homestead allowance is exempt from and has 24 priority over all claims against the estate. Homestead allowance is in addition to a 25 share passing to the surviving spouse or minor or dependent child by the will of the 26 decedent, unless otherwise provided, by intestate succession, or by way of elective 27 share. 28 Sec. 13.12.403. EXEMPT PROPERTY. In addition to the homestead 29 allowance, the decedent's surviving spouse is entitled from the estate to a value, not 30 exceeding $10,000 in excess of security interests in the items, in household furniture, 31 automobiles, furnishings, appliances, and personal effects. If there is no surviving
01 spouse, the decedent's children are entitled jointly to the same value. If encumbered 02 chattels are selected and the value in excess of security interests, plus that of other 03 exempt property, is less than $10,000, or if there is not $10,000 worth of exempt 04 property in the estate, the spouse or children are entitled to other assets of the estate, 05 if any, to the extent necessary to make up the $10,000 value. Rights to exempt 06 property and assets needed to make up a deficiency of exempt property have priority 07 over all claims against the estate, but the right to assets to make up a deficiency of 08 exempt property abates as necessary to permit earlier payment of homestead allowance 09 and family allowance. These rights are in addition to a benefit or share passing to the 10 surviving spouse or children by the decedent's will, unless otherwise provided, by 11 intestate succession, or by way of elective share. 12 Sec. 13.12.404. FAMILY ALLOWANCE. (a) In addition to the right to 13 homestead allowance and exempt property, the decedent's surviving spouse and minor 14 children whom the decedent was obligated to support and children who were in fact 15 being supported by the decedent are entitled to a reasonable allowance in money out 16 of the estate for their maintenance during the period of administration. The allowance 17 may not continue for longer than one year if the estate is inadequate to discharge 18 allowed claims. The allowance may be paid as a lump sum or in periodic installments. 19 It is payable to the surviving spouse, if living, for the use of the surviving spouse and 20 minor and dependent children; otherwise it is payable to the children, or persons 21 having their care and custody. If a minor child or dependent child is not living with 22 the surviving spouse, the allowance may be made partially to the child or the child's 23 guardian or other person having the child's care and custody, and partially to the 24 spouse, as their needs may appear. The family allowance is exempt from and has 25 priority over all claims except the homestead allowance. 26 (b) The family allowance is not chargeable against a benefit or share passing 27 to the surviving spouse or children by the will of the decedent, unless otherwise 28 provided, by intestate succession, or by way of elective share. The death of a person 29 entitled to family allowance terminates the right to allowances not yet paid. 30 Sec. 13.12.405. SOURCE, DETERMINATION, AND DOCUMENTATION. 31 (a) If the estate is otherwise sufficient, property specifically devised may not be used
01 to satisfy rights to homestead allowance or exempt property. Subject to this restriction, 02 the surviving spouse, guardians of minor children, or children who are adults may 03 select property of the estate as homestead allowance and exempt property. The 04 personal representative may make those selections if the surviving spouse, the children, 05 or the guardians of the minor children are unable or fail to do so within a reasonable 06 time or there is no guardian of a minor child. The personal representative may execute 07 an instrument or deed of distribution to establish the ownership of property taken as 08 homestead allowance or exempt property. The personal representative may determine 09 the family allowance in a lump sum not exceeding $18,000 or periodic installments not 10 exceeding $1,500 per month for one year, and may disburse funds of the estate in 11 payment of the family allowance and any part of the homestead allowance payable in 12 cash. The personal representative or an interested person aggrieved by a selection, 13 determination, payment, proposed payment, or failure to act under this section may 14 petition the court for appropriate relief, which may include a family allowance other 15 than that which the personal representative determined or could have determined. 16 (b) If the right to an elective share is exercised on behalf of a surviving spouse 17 who is an incapacitated person, the personal representative may add unexpended 18 portions payable under the homestead allowance, exempt property, and family 19 allowance to the trust established under AS 13.12.203(b). 20 ARTICLE 5. WILLS, WILL CONTRACTS, AND CUSTODY 21 AND DEPOSIT OF WILLS. 22 Sec. 13.12.501. WHO MAY MAKE WILL. An individual 18 or more years 23 of age who is of sound mind may make a will. 24 Sec. 13.12.502. EXECUTION; WITNESSED WILLS; HOLOGRAPHIC 25 WILLS. (a) Except as provided in (b) of this section and in AS 13.12.503, 13.12.506, 26 and 13.12.513, a will must be 27 (1) in writing; 28 (2) signed by the testator or in the testator's name by another individual 29 in the testator's conscious presence and by the testator's direction; and 30 (3) signed by at least two individuals, each of whom signs within a 31 reasonable time after the witness witnesses either the signing of the will as described
01 in (2) of this subsection or the testator's acknowledgement of that signature or the will. 02 (b) A will that does not comply with (a) of this section is valid as a 03 holographic will, whether or not witnessed, if the signature and material portions of 04 the document are in the testator's handwriting. 05 (c) Intent that the document constitute the testator's will can be established by 06 extrinsic evidence, including, for holographic wills, portions of the document that are 07 not in the testator's handwriting. 08 Sec. 13.12.503. WRITINGS INTENDED AS WILLS. Although a document 09 or writing added upon a document was not executed in compliance with AS 13.12.502, 10 the document or writing is treated as if it had been executed in compliance with that 11 section if the proponent of the document or writing establishes by clear and convincing 12 evidence that the decedent intended the document or writing to constitute 13 (1) the decedent's will; 14 (2) a partial or complete revocation of the will; 15 (3) an addition to or an alteration of the will; or 16 (4) a partial or complete revival of the decedent's formerly revoked will 17 or of a formerly revoked portion of the will. 18 Sec. 13.12.504. SELF-PROVED WILL. (a) A will may be simultaneously 19 executed, attested, and made self-proved, by acknowledgment of the will by the 20 testator and affidavits of the witnesses, each made before an officer authorized to 21 administer oaths under the laws of the state in which execution occurs and evidenced 22 by the officer's certificate, under official seal, in substantially the following form: 23 I, _____________________, the testator, sign my name 24 to this instrument this ________ day of _________, and being 25 first duly sworn, do hereby declare to the undersigned authority 26 that I sign and execute this instrument as my will and that I sign 27 it willingly (or willingly direct another to sign for me), that I 28 execute it as my free and voluntary act for the purposes 29 expressed in the will, and that I am eighteen years of age or 30 older, of sound mind, and under no constraint or undue 31 influence.
01 ___________________________________ 02 Testator 03 We, _____________________, ___________________, 04 the witnesses, sign our names to this instrument, being first duly 05 sworn, and do hereby declare to the undersigned authority that 06 the testator signs and executes this instrument as the testator's 07 will and that the testator signs it willingly (or willingly directs 08 another to sign for the testator), and that each of us, in the 09 presence and hearing of the testator, hereby signs this will as 10 witness to the testator's signing, and that to the best of our 11 knowledge the testator is eighteen years of age or older, of 12 sound mind, and under no constraint or undue influence. 13 ________________________________ 14 Witness 15 ________________________________ 16 Witness 17 State of _________________ 18 _____________________ Judicial District 19 Subscribed, sworn to, and acknowledged before me by 20 __________________________, the testator, and subscribed and 21 sworn to before me by ______________________, and 22 ______________________, witness, this _____ day of 23 ______________. 24 (Seal) 25 ____________________________ 26 (Signed) 27 _____________________________ 28 (Official capacity of officer) 29 (b) An attested will may be made self-proved at any time after its execution 30 by the acknowledgement of the will by the testator and the affidavits of the witnesses, 31 each made before an officer authorized to administer oaths under the laws of the state
01 in which the acknowledgement occurs and evidenced by the officer's certificate, under 02 the official seal, attached or annexed to the will in substantially the following form: 03 State of _______________________ 04 __________________________ Judicial District 05 We, ___________________, __________________, and 06 __________________, the testator and the witnesses, 07 respectively, whose names are signed to the attached or 08 foregoing instrument, being first duly sworn, do hereby declare 09 to the undersigned authority that the testator signed and 10 executed the instrument as the testator's will and that the 11 testator had signed willingly (or willingly directed another to 12 sign for the testator), and that the testator executed it as the 13 testator's free and voluntary act for the purposes expressed in 14 the will, and that each of the witnesses, in the presence and 15 hearing of the testator, signed the will as witness and that to the 16 best of the witnesses' knowledge the testator was at that time 17 eighteen years of age or older, of sound mind, and under no 18 constraint or undue influence. 19 ______________________________ 20 Testator 21 _______________________________ 22 Witness 23 _______________________________ 24 Witness 25 Subscribed, sworn to and acknowledged before me by 26 _________________________, the testator, and subscribed and 27 sworn to before me by ____________________, and 28 __________________, witnesses, this _________ day of 29 ______________. 30 (Seal) 31 _______________________________
01 (Signed) 02 ______________________________ 03 (Official capacity of officer) 04 (c) A signature affixed to a self-proving affidavit attached to a will is 05 considered a signature affixed to the will, if necessary to prove the will's due 06 execution. 07 Sec. 13.12.505. WHO MAY WITNESS. (a) An individual generally 08 competent to be a witness may act as a witness to a will. 09 (b) The signing of a will by an interested witness does not invalidate the will 10 or a provision of it. 11 Sec. 13.12.506. CHOICE OF LAW AS TO EXECUTION. A written will is 12 valid if executed in compliance with AS 13.12.502 or 13.12.503 or if its execution 13 complies with the law at the time of execution of the place where the will is executed, 14 or of the law of the place where at the time of execution or at the time of death the 15 testator is domiciled, has a place of abode, or is a national. 16 Sec. 13.12.507. REVOCATION BY WRITING OR BY ACT. (a) A will or 17 a part of a will is revoked 18 (1) by executing a subsequent will that revokes the previous will or part 19 expressly or by inconsistency; or 20 (2) by performing a revocatory act on the will, if the testator performed 21 the act with the intent and for the purpose of revoking the will or part of the will or 22 if another individual performed the act in the testator's conscious presence and by the 23 testator's direction; in this paragraph, "revocatory act on the will" includes burning, 24 tearing, canceling, obliterating, or destroying the will or any part of it; a "revocatory 25 act on the will" includes a burning, tearing, or canceling whether or not the burn, tear, 26 or cancellation touched any of the words on the will. 27 (b) If a subsequent will does not expressly revoke a previous will, the 28 execution of the subsequent will wholly revokes the previous will by inconsistency if 29 the testator intended the subsequent will to replace rather than supplement the previous 30 will. 31 (c) The testator is presumed to have intended a subsequent will to replace
01 rather than supplement a previous will if the subsequent will makes a complete 02 disposition of the testator's estate. If this presumption arises and is not rebutted by 03 clear and convincing evidence, the previous will is revoked; only the subsequent will 04 is operative on the testator's death. 05 (d) The testator is presumed to have intended a subsequent will to supplement 06 rather than replace a previous will if the subsequent will does not make a complete 07 disposition of the testator's estate. If this presumption arises and is not rebutted by 08 clear and convincing evidence, the subsequent will revokes the previous will only to 09 the extent the subsequent will is inconsistent with the previous will; each will is fully 10 operative on the testator's death to the extent they are not inconsistent. 11 Sec. 13.12.508. REVOCATION BY CHANGE OF CIRCUMSTANCES. 12 Except as provided in AS 13.12.803 and 13.12.804, a change of circumstances does 13 not revoke a will or a part of it. 14 Sec. 13.12.509. REVIVAL OF REVOKED WILL. (a) If a subsequent will 15 that wholly revoked a previous will is thereafter revoked by a revocatory act under 16 AS 13.12.507(a)(2), the previous will remains revoked unless it is revived. The 17 previous will is revived if it is evident from the circumstances of the revocation of the 18 subsequent will or from the testator's contemporary or subsequent declarations that the 19 testator intended the previous will to take effect as executed. 20 (b) If a subsequent will that partly revoked a previous will is thereafter 21 revoked by a revocatory act under AS 13.12.507(a)(2), a revoked part of the previous 22 will is revived unless it is evident from the circumstances of the revocation of the 23 subsequent will or from the testator's contemporary or subsequent declarations that the 24 testator did not intend the revoked part to take effect as executed. 25 (c) If a subsequent will that revoked a previous will in whole or in part is 26 thereafter revoked by another, later, will, the previous will remains revoked in whole 27 or in part, unless it or its revoked part is revived. The previous will or its revoked part 28 is revived to the extent it appears from the terms of the later will that the testator 29 intended the pervious will to take effect. 30 Sec. 13.12.510. INCORPORATION BY REFERENCE. A writing in existence 31 when a will is executed may be incorporated by reference if the language of the will
01 manifests this intent and describes the writing sufficiently to permit its identification. 02 Sec. 13.12.511. TESTAMENTARY ADDITIONS TO TRUSTS. (a) A will 03 may validly devise property to the trustee of a trust established or to be established 04 (1) during the testator's lifetime by the testator, by the testator and 05 some other person, or by some other person, including a funded or unfunded life 06 insurance trust, although the settlor has reserved any or all rights of ownership of the 07 insurance contracts; or 08 (2) at the testator's death by the testator's devise to the trustee, if the 09 trust is identified in the testator's will and its terms are set out in a written instrument, 10 other than a will, executed before, concurrently with, or after the execution of the 11 testator's will or in another individual's will if that other individual has predeceased 12 the testator, regardless of the existence, size, or character of the corpus of the trust. 13 (b) A devise under (a) of this section is not invalid because the trust is 14 amendable or revocable, or because the trust was amended after the execution of the 15 will or the testator's death. 16 (c) Unless the testator's will provides otherwise, property devised to a trust 17 described in (a) - (b) of this section is not held under a testamentary trust of the 18 testator, but it becomes a part of the trust to which it is devised, and must be 19 administered and disposed of in accordance with the provisions of the governing 20 instrument setting out the terms of the trust, including any amendments to the trust 21 made before or after the testator's death. 22 (d) Unless the testator's will provides otherwise, a revocation or termination 23 of the trust before the testator's death causes the devise to lapse. 24 Sec. 13.12.512. EVENTS OF INDEPENDENT SIGNIFICANCE. A will may 25 dispose of property by reference to acts and events that have significance apart from 26 their effect upon the dispositions made by the will, whether they occur before or after 27 the execution of the will or before or after the testator's death. The execution or 28 revocation of another individual's will is an event covered by this section. 29 Sec. 13.12.513. SEPARATE WRITING IDENTIFYING DEVISE OF 30 CERTAIN TYPES OF TANGIBLE PERSONAL PROPERTY. Whether or not the 31 provisions relating to holographic wills apply, a will may refer to a written statement
01 or list to dispose of items of tangible personal property not otherwise specifically 02 disposed of by the will, other than money. To be admissible under this section as 03 evidence of the intended disposition, the writing must be signed by the testator and 04 must describe the items and the devisees with reasonable certainty. The writing may 05 be referred to as one to be in existence at the time of the testator's death; it may be 06 prepared before or after the execution of the will; it may be altered by the testator after 07 its preparation; and it may be a writing that does not have significance apart from its 08 effect on the dispositions made by the will. 09 Sec. 13.12.514. CONTRACTS CONCERNING SUCCESSION. (a) A 10 contract to make a will or devise, or not to revoke a will or devise, or to die intestate, 11 if executed after the effective date of this Act, may be established only by 12 (1) provisions of a will stating material provisions of the contract; 13 (2) an express reference in a will to a contract and extrinsic evidence 14 proving the terms of the contract; or 15 (3) a writing signed by the decedent evidencing the contract. 16 (b) The execution of a joint will or mutual wills does not create a presumption 17 of a contract not to revoke the will or wills. 18 Sec. 13.12.515. DEPOSIT OF WILL WITH COURT IN TESTATOR'S 19 LIFETIME. A will may be deposited by the testator or the testator's agent with a 20 court for safekeeping, under rules of the court. The will must be sealed and kept 21 confidential. During the testator's lifetime, a deposited will shall be delivered only to 22 the testator or to a person authorized in writing signed by the testator to receive the 23 will. A conservator may be allowed to examine a deposited will of a protected testator 24 under procedures designed to maintain the confidential character of the document to 25 the extent possible, and to ensure that it will be resealed and kept on deposit after the 26 examination. Upon being informed of the testator's death, the court shall notify a 27 person designated to receive the will and deliver it to that person on request; or the 28 court may deliver the will to the appropriate court. 29 Sec. 13.12.516. DUTY OF CUSTODIAN OF WILL; LIABILITY. After the 30 death of a testator and on request of an interested person, a person having custody of 31 a will of the testator shall deliver it with reasonable promptness to a person able to
01 secure its probate and, if the person with custody does not know of a person able to 02 secure the will's probate, to an appropriate court. A person who wilfully fails to 03 deliver a will is liable to a person aggrieved for any damages that may be sustained 04 by the failure. A person who wilfully refuses or fails to deliver a will after being 05 ordered by the court in a proceeding brought for the purpose of compelling delivery 06 is subject to penalty for contempt of court. 07 Sec. 13.12.517. PENALTY CLAUSE FOR CONTEST. A provision in a will 08 purporting to penalize an interested person for contesting the will or instituting other 09 proceedings relating to the estate is unenforceable if probable cause exists for 10 instituting proceedings. 11 ARTICLE 6. RULES OF CONSTRUCTION APPLICABLE 12 ONLY TO WILLS. 13 Sec. 13.12.601. SCOPE. In the absence of a finding of a contrary intention, 14 the rules of construction in AS 13.12.601 - 13.12.609 control the construction of a will. 15 Sec. 13.12.602. WILL MAY PASS ALL PROPERTY AND AFTER-ACQUIRED PROPERTY. A will may 16 provide for the passage of all property the 17 testator owns at death and all property acquired by the estate after the testator's death. 18 Sec. 13.12.603. ANTILAPSE; DECEASED DEVISEE; CLASS GIFTS. (a) 19 If a devisee fails to survive the testator and is a grandparent, a descendant of a 20 grandparent, or a stepchild of either the testator or the donor of a power of 21 appointment exercised by the testator's will, the following apply: 22 (1) except as provided in (4) of this subsection, if the devise is in the 23 form of a class gift and the deceased devisee leaves surviving descendants, a substitute 24 gift is created in the devisee's surviving descendants; the surviving descendants take 25 by representation the property to which the devisee would have been entitled had the 26 devisee survived the testator; 27 (2) except as provided in (4) of this subsection, if the devise is in the 28 form of a class gift, other than a devise to "issue," "descendants," "heirs of the body," 29 "heirs," "next of kin," "relatives," or "family," or a class described by language of 30 similar import, a substitute gift is created in the deceased devisee or devisee's 31 surviving descendants; the property to which the devisees would have been entitled had
01 all of them survived the testator passes to the surviving devisees and the surviving 02 descendants of the deceased devisees; each surviving devisee takes the share to which 03 the surviving devisee would have been entitled had the deceased devisees survived the 04 testator; each deceased devisee's surviving descendants who are substituted for the 05 deceased devisee take by representation the share to which the deceased devisee would 06 have been entitled had the deceased devisee survived the testator; in this paragraph, 07 "deceased devisee" means a class member who failed to survive the testator and left 08 one or more surviving descendants; 09 (3) for the purposes of AS 13.12.601, words of survivorship, as in a 10 devise to an individual "if the individual survives me," or in a devise to "my surviving 11 children," are not, in the absence of additional evidence, a sufficient indication of an 12 intent contrary to the application of this section; 13 (4) if the will creates an alternative devise with respect to a devise for 14 which a substitute gift is created by (1) or (2) of this subsection, the substitute gift is 15 superseded by the alternative devise only if an expressly designated devisee of the 16 alternative devise is entitled to take under the will; 17 (5) unless the language creating a power of appointment expressly 18 excludes the substitution of the descendants of an appointee for the appointee, a 19 surviving descendant of a deceased appointee of a power of appointment can be 20 substituted for the appointee under this section, whether or not the descendant is an 21 object of the power. 22 (b) If, under (a) of this section, substitute gifts are created and not superseded 23 with respect to more than one devise and the devises are alternative devises, one to the 24 other, the determination of which of the substitute gifts takes effect is resolved as 25 follows: 26 (1) except as provided in (2) of this subsection, the devised property 27 passes under the primary substitute gift; 28 (2) if there is a younger generation devise, the devised property passes 29 under the younger generation substitute gift and not under the primary substitute gift. 30 (c) In (b) of this section, 31 (1) "primary devise" means the devise that would have taken effect had
01 all the deceased devisees of the alternative devises who left surviving descendants 02 survived the testator; 03 (2) "primary substitute gift" means the substitute gift created with 04 respect to a primary devise; 05 (3) "younger generation devise" means a devise that 06 (A) is to a descendant of a devisee of a primary devise; 07 (B) is an alternative devise with respect to the primary devise; 08 (C) is a devise for which a substitute gift is created; and 09 (D) would have taken effect had all the deceased devisees who 10 left surviving descendants survived the testator except the deceased devisee or 11 devisees of the primary devise; 12 (4) "younger generation substitute gift" means a substitute gift created 13 with respect to a younger generation devise. 14 (d) In this section, 15 (1) "alternative devise" means a devise that is expressly created by the 16 will and, under the terms of the will, can take effect instead of another devise on the 17 happening of one or more events, including survival of the testator or failure to survive 18 the testator, whether an event is expressed in condition-precedent, condition-subsequent, or other form; a residuary 19 clause constitutes an alternative devise with 20 respect to a nonresiduary devise only if the will specifically provides that, upon lapse 21 or failure, the nonresiduary devise, or nonresiduary devises in general, pass under the 22 residuary clause; 23 (2) "class member" includes an individual who fails to survive the 24 testator but who would have taken under a devise in the form of a class gift had the 25 individual survived the testator; 26 (3) "devise" includes an alternative devise, a devise in the form of a 27 class gift, and an exercise of a power of appointment; 28 (4) "devisee" includes 29 (A) a class member if the devise is in the form of a class gift; 30 (B) an individual or class member who was deceased at the 31 time the testator executed the testator's will as well as an individual or class
01 member who was then living but who failed to survive the testator; and 02 (C) an appointee under a power of appointment exercised by the 03 testator's will; 04 (5) "stepchild" means a child of the surviving, deceased, or former 05 spouse of the testator or of the donor of a power of appointment, and not of the 06 testator or donor; 07 (6) "surviving devisee" or "surviving descendant" means a devisee or 08 a descendant who neither predeceases the testator nor is considered to have 09 predeceased the testator under AS 13.12.702; 10 (7) "testator" includes the donee of a power of appointment if the 11 power is exercised in the testator's will. 12 Sec. 13.12.604. FAILURE OF TESTAMENTARY PROVISION. (a) Except 13 as provided in AS 13.12.603, a devise, other than a residuary devise, that fails for any 14 reason becomes a part of the residue. 15 (b) Except as provided in AS 13.12.603, if the residue is devised to two or 16 more persons, the share of a residuary devisee that fails for any reason passes to the 17 other residuary devisee, or to other residuary devisees in proportion to the interest of 18 each in the remaining part of the residue. 19 Sec. 13.12.605. INCREASE IN SECURITIES; ACCESSIONS. (a) If a 20 testator executes a will that devises securities and the testator then owned securities 21 that meet the description in the will, the devise includes additional securities that are 22 owned by the testator at death to the extent the additional securities were acquired by 23 the testator after the will was executed as a result of the testator's ownership of the 24 described securities and that are securities of 25 (1) the same organization acquired by reason of action initiated by the 26 organization or a successor, related, or acquiring organization, excluding securities 27 acquired by exercise of purchase options; 28 (2) another organization acquired as a result of a merger, consolidation, 29 reorganization, or other distribution by the organization or a successor, related, or 30 acquiring organization; or 31 (3) the same organization acquired as a result of a plan of reinvestment.
01 (b) Distributions in cash before death with respect to a described security are 02 not part of the devise. 03 Sec. 13.12.606. NONADEMPTION OF SPECIFIC DEVISES; UNPAID 04 PROCEEDS OF SALE, CONDEMNATION, OR INSURANCE; SALE BY 05 CONSERVATOR OR AGENT. (a) A specific devisee has a right to the specifically 06 devised property in the testator's estate at death and 07 (1) any balance of the purchase price, together with any security 08 agreement, owing from a purchaser to the testator at death by reason of sale of the 09 property; 10 (2) any amount of a condemnation award for the taking of the property 11 unpaid at death; 12 (3) any proceeds unpaid at death on fire or casualty insurance on or 13 other recovery for injury to the property; 14 (4) property owned by the testator at death and acquired as a result of 15 foreclosure, or obtained in lieu of foreclosure, of the security interest for the 16 specifically devised obligation; 17 (5) real or tangible personal property owned by the testator at death that 18 the testator acquired as a replacement for the specifically devised real or tangible 19 personal property; and 20 (6) unless the facts and circumstances indicate that ademption of the 21 devise was intended by the testator or ademption of the devise is consistent with the 22 testator's manifested plan of distribution, the value of the specifically devised property 23 to the extent the specifically devised property is not in the testator's estate at death and 24 its value or its replacement is not covered by (1) - (5) of this subsection. 25 (b) If specifically devised property is sold or mortgaged by a conservator or 26 by an agent acting within the authority of a durable power of attorney for an 27 incapacitated principal, or if a condemnation award, insurance proceeds, or recovery 28 for injury to the property are paid to a conservator or to an agent acting within the 29 authority of a durable power of attorney for an incapacitated principal, the specific 30 devisee has the right to a general pecuniary devise equal to the net sale price, the 31 amount of the unpaid loan, the condemnation award, the insurance proceeds, or the
01 recovery. 02 (c) The right of a specific devisee under (b) of this section is reduced by any 03 right the devisee has under (a) of this section. 04 (d) For the purposes of the references in (b) of this section to a conservator, 05 (b) of this section does not apply if after the sale, mortgage, condemnation, casualty, 06 or recovery, it was adjudicated that the testator's incapacity ceased and the testator 07 survived the adjudication by one year. 08 (e) For the purposes of the references in (b) of this section to an agent acting 09 within the authority of a durable power of attorney for an incapacitated principal, 10 (1) "incapacitated principal" means a principal who is an incapacitated 11 person; 12 (2) adjudication of incapacity before death is not necessary; and 13 (3) the acts of an agent within the authority of a durable power of 14 attorney are presumed to be for an incapacitated principal. 15 Sec. 13.12.607. NONEXONERATION. A specific devise passes subject to 16 any mortgage interest existing at the date of death, without right of exoneration, 17 regardless of a general directive in the will to pay debts. 18 Sec. 13.12.608. EXERCISE OF POWER OF APPOINTMENT. In the absence 19 of a requirement that a power of appointment be exercised by a reference, or by an 20 express or specific reference, to the power, a general residuary clause in a will, or a 21 will making general disposition of all of the testator's property, expresses an intention 22 to exercise a power of appointment held by the testator only if 23 (1) the power is a general power and the creating instrument does not 24 contain a gift if the power is not exercised; or 25 (2) the testator's will manifests an intention to include the property 26 subject to the power. 27 Sec. 13.12.609. ADEMPTION BY SATISFACTION. (a) Property a testator 28 gave in the testator's lifetime to a person is treated as a satisfaction of a devise in 29 whole or in part, only if 30 (1) the will provides for deduction of the gift; 31 (2) the testator declared in a contemporaneous writing that the gift is
01 in satisfaction of the devise or that its value is to be deducted from the value of the 02 devise; or 03 (3) the devisee acknowledged in writing that the gift is in satisfaction 04 of the devise or that its value is to be deducted from the value of the devise. 05 (b) For purposes of partial satisfaction, property given during lifetime is 06 valued as of the time the devisee came into possession or enjoyment of the property 07 or at the testator's death, whichever occurs first. 08 (c) If the devisee fails to survive the testator, the gift is treated as a full or 09 partial satisfaction of the devise, as appropriate, in applying AS 13.12.603 - 13.12.604, 10 unless the testator's contemporaneous writing provides otherwise. 11 ARTICLE 7. RULES OF CONSTRUCTION APPLICABLE TO 12 WILLS AND OTHER GOVERNING INSTRUMENTS. 13 Sec. 13.12.701. SCOPE. In the absence of a finding of a contrary intention, 14 the rules of construction in AS 13.12.701 - 13.12.711 control the construction of a 15 governing instrument. The rules of construction in AS 13.12.701 - 13.12.711 apply 16 to a governing instrument of any type, except as the application of a particular section 17 is limited by its terms to a specific type of provision or governing instrument. 18 Sec. 13.12.702. REQUIREMENT OF SURVIVAL BY 120 HOURS. (a) For 19 the purposes of AS 13.06 - AS 13.36, except as provided in (d) of this section, an 20 individual who is not established by clear and convincing evidence to have survived 21 an event, including the death of another individual, by 120 hours is considered to have 22 predeceased the event. 23 (b) Except as provided in (d) of this section, and except for a security 24 registered in a transfer on death beneficiary form, for purposes of a provision of a 25 governing instrument that relates to an individual surviving an event, including the 26 death of another individual, an individual who is not established by clear and 27 convincing evidence to have survived the event by 120 hours is considered to have 28 predeceased the event. 29 (c) Except as provided in (d) of this section, if it is not established by clear 30 and convincing evidence that one of two co-owners with right of survivorship survived 31 the other co-owner by 120 hours, one-half of the property passes as if one had
01 survived by 120 hours and one-half as if the other had survived by 120 hours, and if 02 there are more than two co-owners with right of survivorship and it is not established 03 by clear and convincing evidence that at least one of them survived the others by 120 04 hours, the property passes in the proportion that one bears to the whole number of co-owners. In this subsection, "co- 05 owners with right of survivorship" includes joint 06 tenants, tenants by the entirety, and other co-owners of property or accounts held under 07 circumstances that entitle one or more to the whole of the property or account on the 08 death of the other or others. 09 (d) This section does not apply if 10 (1) the governing instrument contains language dealing explicitly with 11 simultaneous deaths or deaths in a common disaster and that language is operable 12 under the facts of the case; 13 (2) the governing instrument expressly indicates that an individual is 14 not required to survive an event, including the death of another individual, by a 15 specified period or expressly requires the individual to survive the event by a specified 16 period; 17 (3) the imposition of a 120-hour requirement of survival would cause 18 a nonvested property interest or a power of appointment to fail to qualify for validity 19 under AS 34.27.010 or to become invalid under AS 34.27.010; or 20 (4) the application of this section to multiple governing instruments 21 would result in an unintended failure or duplication of a disposition. 22 (e) A payor or other third party is not liable for having made a payment or 23 transferred an item of property or other benefit to a beneficiary designated in a 24 governing instrument who, under this section, is not entitled to the payment or item 25 of property, or for having taken other action in good faith reliance on the beneficiary's 26 apparent entitlement under the terms of the governing instrument, before the payor or 27 other third party receives written notice of a claimed lack of entitlement under this 28 section. A payor or other third party is liable for a payment made or other action 29 taken after the payor or other third party receives written notice of a claimed lack of 30 entitlement under this section. 31 (f) Written notice of a claimed lack of entitlement under this section shall be
01 mailed to the payor's or other third party's main office or home by registered or 02 certified mail, return receipt requested, or served upon the payor or other third party 03 in the same manner as a summons in a civil action. Upon receipt of written notice of 04 a claimed lack of entitlement under this section, a payor or other third party may pay 05 any amount owed or transfer or deposit an item of property held by it to or with the 06 court having jurisdiction of the probate proceedings relating to the decedent's estate, 07 or if proceedings have not been commenced, to or with the court in the judicial district 08 of the decedent's residence. The court shall hold the funds or item of property and, 09 upon the court's determination under this section, shall order disbursement in 10 accordance with the determination. Payments, transfers, or deposits made to or with 11 the court discharge the payor or other third party from all claims for the value of 12 amounts paid to or items of property transferred to or deposited with the court. 13 (g) A person who purchases property for value and without notice, or who 14 receives a payment or other item of property in partial or full satisfaction of a legally 15 enforceable obligation, is not obligated under this section to return the payment, item 16 of property, or benefit or liable under this section for the amount of the payment or 17 the value of the item of property or benefit. But a person who, not for value, receives 18 a payment, item of property, or other benefit to which the person is not entitled under 19 this section is obligated to return the payment, item of property, or benefit, or is 20 personally liable for the amount of the payment or the value of the item of property 21 or benefit, to the person who is entitled to it under this section. 22 (h) If this section or a part of this section is preempted by federal law with 23 respect to a payment, an item of property, or other benefit covered by this section, a 24 person who, not for value, receives the payment, item of property, or benefit to which 25 the person is not entitled under this section is obligated to return the payment, item of 26 property, or benefit, or is personally liable for the amount of the payment or the value 27 of the item of property or benefit, to the person who would have been entitled to it if 28 this section or part of this section were not preempted. 29 Sec. 13.12.703. CHOICE OF LAW AS TO MEANING AND EFFECT OF 30 GOVERNING INSTRUMENT. The meaning and legal effect of a governing 31 instrument is determined by the local law of the state selected by the transferor in the
01 governing instrument, unless the application of that law is contrary to the provisions 02 relating to the elective share described in AS 13.12.201 - 13.12.207, the provisions 03 relating to exempt property and allowances described in AS 13.12.401 - 13.12.405, or 04 other public policy of this state otherwise applicable to the disposition. 05 Sec. 13.12.704. POWER OF APPOINTMENT; MEANING OF SPECIFIC 06 REFERENCE REQUIREMENT. If a governing instrument creating a power of 07 appointment expressly requires that the power be exercised by a reference, an express 08 reference, or a specific reference, to the power or its source, it is presumed that the 09 donor's intention, in requiring that the donee exercise the power by making reference 10 to the particular power or to the creating instrument, was to prevent an inadvertent 11 exercise of the power. 12 Sec. 13.12.705. CLASS GIFTS CONSTRUED TO ACCORD WITH 13 INTESTATE SUCCESSION. (a) Adopted individuals and individuals born out of 14 wedlock, and their respective descendants if appropriate to the class, are included in 15 class gifts and other terms of relationship in accordance with the rules for intestate 16 succession. Terms of relationship that do not differentiate relationships by blood from 17 those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to 18 exclude relatives by affinity. Terms of relationship that do not differentiate 19 relationships by the half blood from those by the whole blood, such as "brothers," 20 "sisters," "nieces," or "nephews," are construed to include both types of relationships. 21 (b) In addition to the requirements of (a) of this section, in construing a 22 dispositive provision of a transferor who is not the natural parent, an individual born 23 to the natural parent is not considered the child of that natural parent unless the 24 individual lived while a minor as a regular member of the household of that natural 25 parent or of that natural parent's parent, brother, sister, spouse, or surviving spouse. 26 (c) In addition to the requirements of (a) of this section, in construing a 27 dispositive provision of a transferor who is not the adopting parent, an adopted 28 individual is not considered the child of the adopting parent unless the adopted 29 individual lived while a minor, either before or after the adoption, as a regular member 30 of the household of the adopting parent. 31 Sec. 13.12.706. LIFE INSURANCE; RETIREMENT PLAN; ACCOUNT
01 WITH PAY ON DEATH DESIGNATION; TRANSFER ON DEATH 02 REGISTRATION; DECEASED BENEFICIARY. (a) If a beneficiary fails to survive 03 the decedent and is a grandparent, a descendant of a grandparent, or a stepchild of the 04 decedent, the following apply: 05 (1) except as provided in (4) of this subsection, if the beneficiary 06 designation is not in the form of a class gift and the deceased beneficiary leaves 07 surviving descendants, a substitute gift is created in the beneficiary's surviving 08 descendants; the beneficiary's surviving descendants take by representation the 09 property to which the beneficiary would have been entitled had the beneficiary 10 survived the decedent; 11 (2) except as provided in (4) of this subsection, if the beneficiary 12 designation is in the form of a class gift, other than a beneficiary designation to 13 "issue," "descendants," "heirs of the body," "heirs," "next of kin," "relatives," or 14 "family," or a class described by language of similar import, a substitute gift is created 15 in the deceased beneficiary's surviving descendants; the property to which the 16 beneficiaries would have been entitled had all of them survived the decedent passes 17 to the surviving beneficiaries and the surviving descendants of the deceased 18 beneficiaries; each surviving beneficiary takes the share to which the surviving 19 beneficiary would have been entitled had the deceased beneficiaries survived the 20 decedent; each deceased beneficiary's surviving descendants who are substituted for 21 the deceased beneficiary take by representation the share to which the deceased 22 beneficiary would have been entitled had the deceased beneficiary survived the 23 decedent; in this paragraph, "deceased beneficiary" means a class member who failed 24 to survive the decedent and left one or more surviving descendants; 25 (3) for the purposes of AS 13.12.701, words of survivorship, as in a 26 beneficiary designation to an individual "if the individual survives me," or in a 27 beneficiary designation to "my surviving children," are not, in the absence of additional 28 evidence, a sufficient indication of an intent contrary to the application of this section; 29 (4) if a governing instrument creates an alternative beneficiary 30 designation with respect to a beneficiary designation for which a substitute gift is 31 created by (1) or (2) of this subsection, the substitute gift is superseded by the
01 alternative beneficiary designation only if an expressly designated beneficiary of the 02 alternative beneficiary designation is entitled to take. 03 (b) If, under (a) of this section, substitute gifts are created and not superseded 04 with respect to more than one beneficiary designation and the beneficiary designations 05 are alternative beneficiary designations, one to the other, the property passes under the 06 primary substitute gift, except that if there is a younger generation beneficiary 07 designation, the property passes under the younger generation substitute gift and not 08 under the primary substitute gift. In this subsection, 09 (1) "primary beneficiary designation" means the beneficiary designation 10 that would have taken effect had all the deceased beneficiaries of the alternative 11 beneficiary designations who left surviving descendants survived the decedent; 12 (2) "primary substitute gift" means the substitute gift created with 13 respect to the primary beneficiary designation; 14 (3) "younger generation beneficiary designation" means a beneficiary 15 designation that 16 (A) is to a descendant of a beneficiary of the primary 17 beneficiary designation; 18 (B) is an alternative beneficiary designation with respect to the 19 primary beneficiary designation; 20 (C) is a beneficiary designation for which a substitute gift is 21 created; and 22 (D) would have taken effect had all the deceased beneficiaries 23 who left surviving descendants survived the decedent except the deceased 24 beneficiary or beneficiaries of the primary beneficiary designation; 25 (4) "younger generation substitute gift" means the substitute gift created 26 with respect to the younger generation beneficiary designation. 27 (c) A payor is protected from liability in making payments under the terms of 28 the beneficiary designation until the payor has received written notice of a claim to a 29 substitute gift under this section. Payment made before the receipt of written notice 30 of a claim to a substitute gift under this section discharges the payor, but not the 31 recipient, from all claims for the amounts paid. A payor is liable for a payment made
01 after the payor has received written notice of the claim. A recipient is liable for a 02 payment received, whether or not written notice of the claim is given. 03 (d) In (c) of this section, the written notice of the claim shall be mailed to the 04 payor's main office or home by registered or certified mail, return receipt requested, 05 or served upon the payor in the same manner as a summons in a civil action. Upon 06 receipt of written notice of the claim, a payor may pay any amount owed by it to the 07 court having jurisdiction of the probate proceedings relating to the decedent's estate 08 or, if proceedings have not been commenced, to the court in the judicial district of the 09 decedent's residence. The court shall hold the funds and, upon its determination under 10 this section, shall order disbursement in accordance with the determination. Payment 11 made to the court discharges the payor from all claims for the amounts paid. 12 (e) A person who purchases property for value and without notice, or who 13 receives a payment or other item of property in partial or full satisfaction of a legally 14 enforceable obligation, is not obligated under this section to return the payment, item 15 of property, or benefit, or liable under this section for the amount of the payment or 16 the value of the item of property or benefit. But a person who, not for value, receives 17 a payment, item of property, or other benefit to which the person is not entitled under 18 this section is obligated to return the payment, item of property, or benefit, or is 19 personally liable for the amount of the payment or the value of the item of property 20 or benefit, to the person who is entitled to it under this section. 21 (f) If this section or a part of this section is preempted by federal law with 22 respect to a payment, an item of property, or other benefit covered by this section, a 23 person who, not for value, receives the payment, item of property, or other benefit to 24 which the person is not entitled under this section is obligated to return the payment, 25 item of property, or benefit, or is personally liable for the amount of the payment or 26 the value of the item of property or benefit, to the person who would have been 27 entitled to it if this section or part of this section were not preempted. 28 (g) In this section, 29 (1) "alternative beneficiary designation" means a beneficiary 30 designation that is expressly created by the governing instrument and, under the terms 31 of the governing instrument, can take effect instead of another beneficiary designation
01 on the happening of one or more events, including survival of the decedent or failure 02 to survive the decedent, whether an event is expressed in condition-precedent, 03 condition-subsequent, or another form; 04 (2) "beneficiary" means the beneficiary of a beneficiary designation and 05 includes 06 (A) a class member if the beneficiary designation is in the form 07 of a class gift; and 08 (B) an individual or class member who was deceased at the 09 time the beneficiary designation was executed as well as an individual or class 10 member who was then living but who failed to survive the decedent; 11 (3) "beneficiary designation" includes an alternative beneficiary 12 designation and a beneficiary designation in the form of a class gift; 13 (4) "class member" includes an individual who fails to survive the 14 decedent but who would have taken under a beneficiary designation in the form of a 15 class gift had the individual survived the decedent; 16 (5) "stepchild" means a child of the decedent's surviving, deceased, or 17 former spouse, and not of the decedent; 18 (6) "surviving beneficiary" or "surviving descendant" means a 19 beneficiary or a descendant who neither predeceased the decedent nor is considered to 20 have predeceased the decedent under AS 13.12.702. 21 Sec. 13.12.707. SURVIVORSHIP WITH RESPECT TO FUTURE 22 INTERESTS UNDER TERMS OF TRUST; SUBSTITUTE TAKERS. (a) A future 23 interest under the terms of a trust is contingent on the beneficiary's surviving the 24 distribution date. If a beneficiary of a future interest under the terms of a trust fails 25 to survive the distribution date, the following apply: 26 (1) except as provided in (4) of this subsection, if the future interest is 27 not in the form of a class gift and the deceased beneficiary leaves surviving 28 descendants, a substitute gift is created in the beneficiary's surviving descendants; the 29 beneficiary's surviving descendants take by representation the property to which the 30 beneficiary would have been entitled had the beneficiary survived the distribution date; 31 (2) except as provided in (4) of this subsection, if the future interest is
01 in the form of a class gift, other than a future interest to "issue," "descendants," "heirs 02 of the body," "heirs," "next of kin," "relatives," or "family," or a class described by 03 language of similar import, a substitute gift is created in the deceased beneficiary's 04 surviving descendants; the property to which the beneficiaries would have been entitled 05 had all of them survived the distribution date passes to the surviving beneficiaries and 06 the surviving descendants of the deceased beneficiaries; each surviving beneficiary 07 takes the share to which the surviving beneficiary would have been entitled had the 08 deceased beneficiaries survived the distribution date; each deceased beneficiary's 09 surviving descendants who are substituted for the deceased beneficiary take by 10 representation the share to which the deceased beneficiary would have been entitled 11 had the deceased beneficiary survived the distribution date; in this paragraph, 12 "deceased beneficiary" means a class member who fails to survive the distribution date 13 and leaves one or more surviving descendants; 14 (3) for the purposes of AS 13.12.701, words of survivorship attached 15 to a future interest are not, in the absence of additional evidence, a sufficient indication 16 of an intent contrary to the application of this section; words of survivorship include 17 words of survivorship that relate to the distribution date or to an earlier or an 18 unspecified time, whether those words of survivorship are expressed in condition-precedent, condition-subsequent, or 19 another form; 20 (4) if a governing instrument creates an alternative future interest with 21 respect to a future interest for which a substitute gift is created by (1) or (2) of this 22 subsection, the substitute gift is superseded by the alternative future interest only if an 23 expressly designated beneficiary of the alternative future interest is entitled to take in 24 possession or enjoyment. 25 (b) If, under (a) of this section, substitute gifts are created and not superseded 26 with respect to more than one future interest and the future interests are alternative 27 future interests, one to the other, the property passes under the primary substitute gift, 28 except that, if there is a younger generation future interest, the property passes under 29 the younger generation substitute gift and not under the primary substitute gift. In this 30 subsection, 31 (1) "primary future interest" means the future interest that would have
01 taken effect had all the deceased beneficiaries of the alternative future interests who 02 left surviving descendants survived the distribution date; 03 (2) "primary substitute gift" means the substitute gift created with 04 respect to the primary future interest; 05 (3) "younger generation future interest" means a future interest that 06 (A) is to a descendant of a beneficiary of the primary future 07 interest; 08 (B) is an alternative future interest with respect to the primary 09 future interest; 10 (C) is a future interest for which a substitute gift is created; and 11 (D) would have taken effect had all the deceased beneficiaries 12 who left surviving descendants survived the distribution date except the 13 deceased beneficiary of the primary future interest; 14 (4) "younger generation substitute gift" means the substitute gift created 15 with respect to the younger generation future interest. 16 (c) If, after the application of (a) - (b) of this section, there is not a surviving 17 taker, the property passes in the following order: 18 (1) if the trust was created in a nonresiduary devise in the transferor's 19 will or in a codicil to the transferor's will, the property passes under the residuary 20 clause in the transferor's will; for purposes of this section, the residuary clause is 21 treated as creating a future interest under the terms of a trust; 22 (2) if a taker is not produced by the application of (1) of this 23 subsection, the property passes to the transferor's heirs under AS 13.12.711. 24 (d) In this section, 25 (1) "alternative future interest" means an expressly created future 26 interest that can take effect in possession or enjoyment instead of another future 27 interest on the happening of one or more events, including survival of an event or 28 failure to survive an event, whether an event is expressed in condition-precedent, 29 condition-subsequent, or other form; a residuary clause in a will does not create an 30 alternative future interest with respect to a future interest created in a nonresiduary 31 devise in the will, whether or not the will specifically provides that lapsed or failed
01 devises are to pass under the residuary clause; 02 (2) "beneficiary" means the beneficiary of a future interest and includes 03 a class member if the future interest is in the form of a class gift; 04 (3) "class member" includes an individual who fails to survive the 05 distribution date but who would have taken under a future interest in the form of a 06 class gift had the individual survived the distribution date; 07 (4) "distribution date," with respect to a future interest, means the time 08 when the future interest is to take effect in possession or enjoyment; the distribution 09 date does not need to occur at the beginning or end of a calendar day, but can occur 10 at a time during the course of a day; 11 (5) "future interest" includes an alternative future interest and a future 12 interest in the form of a class gift; 13 (6) "future interest under the terms of a trust" means a future interest 14 that was created by a transfer creating a trust or to an existing trust or by an exercise 15 of a power of appointment to an existing trust, directing the continuance of an existing 16 trust, designating a beneficiary of an existing trust, or creating a trust; 17 (7) "surviving beneficiary" or "surviving descendant" means a 18 beneficiary or a descendant who neither predeceased the distribution date nor is 19 considered to have predeceased the distribution date under AS 13.12.702. 20 Sec. 13.12.708. CLASS GIFTS TO "DESCENDANTS," "ISSUE," OR "HEIRS 21 OF THE BODY"; FORM OF DISTRIBUTION IF NONE SPECIFIED. If a class gift 22 in favor of "descendants," "issue," or "heirs of the body" does not specify the manner 23 in which the property is to be distributed among the class members, the property is 24 distributed among the class members who are living when the interest is to take effect 25 in possession or enjoyment, in such shares as they would receive, under the applicable 26 law of intestate succession, if the designated ancestor had then died intestate owning 27 the subject matter of the class gift. 28 Sec. 13.12.709. REPRESENTATION; PER CAPITA AT EACH 29 GENERATION; PER STIRPES. (a) If an applicable statute or a governing instrument 30 calls for property to be distributed "by representation" or "per capita at each 31 generation," the property is divided into as many equal shares as there are
01 (1) surviving descendants in the generation nearest to the designated 02 ancestor that contains one or more surviving descendants; and 03 (2) deceased descendants in the same generation who left surviving 04 descendants, if any. 05 (b) In (a) of this section, each surviving descendant in the nearest generation 06 is allocated one share, and the remaining shares, if any, are combined and then divided 07 in the same manner among the surviving descendants of the deceased descendants as 08 if the surviving descendants who were allocated a share and their surviving 09 descendants had predeceased the distribution date. 10 (c) If a governing instrument calls for property to be distributed "per stirpes," 11 the property is divided into as many equal shares as there are 12 (1) surviving children of the designated ancestor; and 13 (2) deceased children who left surviving descendants. 14 (d) In (c) of this section, each surviving child is allocated one share, and the 15 share of each deceased child with surviving descendants is divided in the same 16 manner, with subdivision repeating at each succeeding generation until the property is 17 fully allocated among surviving descendants. 18 (e) For the purposes of (a) - (d) of this section, an individual who is deceased 19 and does not leave surviving descendants is disregarded, and an individual who leaves 20 a surviving ancestor who is a descendant of the designated ancestor is not entitled to 21 a share. 22 (f) In this section, 23 (1) "deceased child" or "deceased descendant" means a child or a 24 descendant who either predeceased the distribution date or is considered to have 25 predeceased the distribution date under AS 13.12.702; 26 (2) "distribution date," with respect to an interest, means the time when 27 the interest is to take effect in possession or enjoyment; the distribution date does not 28 need to occur at the beginning or end of a calendar day, but can occur at a time during 29 the course of a day; 30 (3) "surviving ancestor," "surviving child," or "surviving descendant" 31 means an ancestor, a child, or a descendant who neither predeceased the distribution
01 date nor is considered to have predeceased the distribution date under AS 13.12.702. 02 Sec. 13.12.710. WORTHIER-TITLE DOCTRINE ABOLISHED. The doctrine 03 of worthier title is abolished as a rule of law and as a rule of construction. Language 04 in a governing instrument describing the beneficiaries of a disposition as the 05 transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," 06 or language of similar import, does not create or presumptively create a reversionary 07 interest in the transferor. 08 Sec. 13.12.711. FUTURE INTERESTS IN HEIRS AND OTHER PERSONS. 09 If an applicable statute or a governing instrument calls for a future distribution to or 10 creates a future interest in a designated individual's "heirs," "heirs at law," "next of 11 kin," "relatives," or "family," or language of similar import, the property passes to 12 those persons, including the state under AS 13.12.105, and in such shares as would 13 succeed to the designated individual's intestate estate under the intestate succession law 14 of the designated individual's domicile if the designated individual died when the 15 disposition is to take effect in possession or enjoyment. If the designated individual's 16 surviving spouse is living but is remarried at the time the disposition is to take effect 17 in possession or enjoyment, the surviving spouse is not an heir of the designated 18 individual. 19 ARTICLE 8. GENERAL PROVISIONS CONCERNING 20 PROBATE AND NONPROBATE TRANSFERS. 21 Sec. 13.12.801. DISCLAIMER OF PROPERTY INTERESTS. (a) A person, 22 or the representative of a person, to whom an interest in or with respect to property, 23 or an interest in the property, devolves by whatever means, may disclaim it in whole 24 or in part by delivering or filing a written disclaimer under this section. The right to 25 disclaim exists notwithstanding a limitation on the interest of the disclaimant in the 26 nature of a spendthrift provision or similar restriction, and notwithstanding a restriction 27 or limitation on the right to disclaim contained in the governing instrument. In this 28 subsection, the "representative of a person" includes a personal representative of a 29 decedent, a conservator of a disabled person, a guardian of a minor or incapacitated 30 person, and an agent acting on behalf of the person within the authority of a power of 31 attorney.
01 (b) If a property or interest has devolved to a disclaimant under a testamentary 02 instrument or by the laws of intestacy, a disclaimer shall be filed, if of a present 03 interest, not later than nine months after the death of the deceased owner or deceased 04 donee of a power of appointment and, if of a future interest, not later than nine months 05 after the event determining that the taker of the property or interest is finally 06 ascertained and the taker's interest is indefeasibly vested. The disclaimer shall be filed 07 in the court of the judicial district in which proceedings for the administration of the 08 estate of the deceased owner or deceased donee of the power are commenced. A copy 09 of the disclaimer shall be delivered in person or mailed by registered or certified mail, 10 return receipt requested, to a personal representative or other fiduciary of the decedent 11 or donee of the power. 12 (c) If a property or interest has devolved to a disclaimant under a 13 nontestamentary instrument or contract, the disclaimer shall be delivered or filed, if of 14 a present interest, not later than nine months after the effective date of the 15 nontestamentary instrument or contract and, if of a future interest, not later than nine 16 months after the event determining that the taker of the property or interest is finally 17 ascertained and the taker's interest is indefeasibly vested. If the person entitled to 18 disclaim does not know of the existence of the interest, the disclaimer shall be 19 delivered or filed not later than nine months after the person learns of the existence 20 of the interest. The effective date of a revocable instrument or contract is the date on 21 which the maker no longer has power to revoke it or to transfer to the maker or 22 another the entire legal and equitable ownership of the interest. The disclaimer or a 23 copy of the disclaimer shall be delivered in person or mailed by registered or certified 24 mail, return receipt requested, to the person who has legal title to or possession of the 25 interest disclaimed. 26 (d) A surviving joint tenant or tenant by the entirety may disclaim as a 27 separate interest property, or an interest in the property, devolving to the tenant by 28 right of survivorship. A surviving joint tenant or tenant by the entirety may disclaim 29 the entire interest in property, or in an interest in the property, that is the subject of 30 a joint tenancy or tenancy by the entirety devolving to the tenant, if the joint tenancy 31 or tenancy by the entirety was created by act of a deceased joint tenant or tenant by
01 the entirety, the survivor did not join in creating the joint tenancy or tenancy by the 02 entirety, and the survivor has not accepted a benefit under it. 03 (e) If real property, or an interest in real property, is disclaimed, a copy of the 04 disclaimer may be recorded in the recording district where the property or interest 05 disclaimed is located. 06 (f) The disclaimer must describe the property or interest disclaimed, declare 07 the disclaimer and extent of the disclaimer, and be signed by the disclaimant. 08 (g) If property or an interest in property devolves to a disclaimant under a 09 testamentary instrument, under a power of appointment exercised by a testamentary 10 instrument, or under the laws of intestacy, and the decedent has not provided for 11 another disposition of that property or interest, should it be disclaimed, or of 12 disclaimed or failed interests in general, the disclaimed property or interest devolves 13 as if the disclaimant had predeceased the decedent, but if by law or under the 14 testamentary instrument the descendants of the disclaimant would take the 15 disclaimant's share by representation were the disclaimant to predecease the decedent, 16 then the disclaimed property or interest passes by representation to the descendants of 17 the disclaimant who survive the decedent. A future interest that takes effect in 18 possession or enjoyment after the termination of the estate or interest disclaimed takes 19 effect as if the disclaimant had predeceased the decedent. A disclaimer relates back 20 for all purposes to the date of death of the decedent. 21 (h) If property or an interest in property devolves to a disclaimant under a 22 nontestamentary instrument or contract and the instrument or contract does not provide 23 for another disposition of that property or interest, should it be disclaimed, or of 24 disclaimed or failed interests in general, the disclaimed property or interest devolves 25 as if the disclaimant had predeceased the effective date of the instrument or contract, 26 but if by law or under the nontestamentary instrument or contract the descendants of 27 the disclaimant would take the disclaimant's share by representation were the 28 disclaimant to predecease the effective date of the instrument, then the disclaimed 29 property or interest passes by representation to the descendants of the disclaimant who 30 survive the effective date of the instrument. A disclaimer relates back for all purposes 31 to that date. A future interest that takes effect in possession or enjoyment at or after
01 the termination of the disclaimed property or interest takes effect as if the disclaimant 02 had died before the effective date of the instrument or contract that transferred the 03 disclaimed property or interest. 04 (i) The disclaimer or the written waiver of the right to disclaim is binding 05 upon the disclaimant or person waiving and all persons claiming through or under 06 either of them. 07 (j) The right to disclaim property or an interest in property is barred by 08 (1) an assignment, conveyance, encumbrance, pledge, or transfer of the 09 property or interest, or a contract for an assignment, conveyance, encumbrance, pledge, 10 or transfer of the property or interest; 11 (2) a written waiver of the right to disclaim; 12 (3) an acceptance of the property or interest or a benefit under it; or 13 (4) a sale of the property or interest under judicial sale made before the 14 disclaimer is made. 15 (k) This section does not abridge the right of a person to waive, release, 16 disclaim, or renounce property or an interest in property under another statute. 17 (l) An interest in property that exists on the effective date of this section as 18 to which, if a present interest, the time for filing a disclaimer under this section has 19 not expired or, if a future interest, the interest has not become indefeasibly vested or 20 the taker finally ascertained, may be disclaimed within nine months after the effective 21 date of this section. 22 Sec. 13.12.802. EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF 23 SEPARATION. (a) An individual who is divorced from the decedent or whose 24 marriage to the decedent has been annulled is not a surviving spouse unless, by virtue 25 of a subsequent marriage, the individual is married to the decedent at the time of 26 death. A decree of separation that does not terminate the status of husband and wife 27 is not a divorce for purposes of this section. 28 (b) In AS 13.12.101 - 13.12.405 and AS 13.16.065, a surviving spouse does 29 not include 30 (1) an individual who obtains or consents to a final decree or judgment 31 of divorce from the decedent or an annulment of their marriage, if the decree or
01 judgment is not recognized as valid in this state, unless subsequently they participate 02 in a marriage ceremony purporting to marry each to the other or live together as 03 husband and wife; 04 (2) an individual who, following an invalid decree or judgment of 05 divorce or annulment obtained by the decedent, participates in a marriage ceremony 06 with a third individual; or 07 (3) an individual who was a party to a valid proceeding concluded by 08 an order purporting to terminate all marital property rights. 09 Sec. 13.12.803. EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, 10 WILLS, TRUSTS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY 11 DESIGNATIONS. (a) An individual who feloniously and intentionally kills the 12 decedent forfeits all benefits under this chapter with respect to the decedent's estate, 13 including an intestate share, an elective share, an omitted spouse's or child's share, a 14 homestead allowance, exempt property, and a family allowance. If the decedent died 15 intestate, the decedent's intestate estate passes as if the killer disclaimed the killer's 16 intestate share. 17 (b) The felonious and intentional killing of the decedent 18 (1) revokes a revocable 19 (A) disposition or appointment of property made by the 20 decedent to the killer in a governing instrument; 21 (B) provision in a governing instrument conferring a general or 22 nongeneral power of appointment on the killer; and 23 (C) nomination of the killer in a governing instrument, 24 nominating or appointing the killer to serve in fiduciary or representative 25 capacity, including a personal representative, executor, trustee, or agent; and 26 (2) severs the interests of the decedent and killer in property held by 27 them at the time of the killing as joint tenants with the right of survivorship, 28 transforming the interests of the decedent and killer into tenancies in common. 29 (c) A severance under (b)(2) of this section does not affect a third party 30 interest in property acquired for value and in good faith reliance on an apparent title 31 by survivorship in the killer unless a writing declaring the severance has been noted,
01 registered, filed, or recorded in records that are appropriate to the kind and location 02 of the property and that are relied upon, in the ordinary course of transactions 03 involving the type of property, as evidence of ownership. 04 (d) Provisions of a governing instrument that are not revoked by this section 05 are given effect as if the killer disclaimed all revoked provisions or, in the case of a 06 revoked nomination in a fiduciary or representative capacity, as if the killer 07 predeceased the decedent. 08 (e) A wrongful acquisition of property or interest by a killer not covered by 09 this section shall be treated in accordance with the principle that a killer may not profit 10 from the killer's wrong. 11 (f) After all right to appeal has been exhausted, a judgment of conviction 12 establishing criminal accountability for the felonious and intentional killing of the 13 decedent conclusively establishes the convicted individual as the decedent's killer for 14 purposes of this section. In the absence of a conviction, the court, upon the petition 15 of an interested person, shall determine whether, under the preponderance of evidence 16 standard, the individual would be found criminally accountable for the felonious and 17 intentional killing of the decedent. If the court determines that, under that standard, 18 the individual would be found criminally accountable for the felonious and intentional 19 killing of the decedent, the determination conclusively establishes that individual as the 20 decedent's killer for purposes of this section. 21 (g) A payor or other third party is not liable for having made a payment or 22 transferred an item of property or other benefit to a beneficiary designated in a 23 governing instrument affected by a felonious and intentional killing, or for having 24 taken other action in good faith reliance on the validity of the governing instrument, 25 upon request and satisfactory proof of the decedent's death, before the payor or other 26 third party received written notice of a claimed forfeiture or revocation under this 27 section. A payor or other third party is liable for a payment made or other action 28 taken after the payor or other third party receives written notice of a claimed forfeiture 29 or revocation under this section. 30 (h) Written notice of a claimed forfeiture or revocation under (g) of this 31 section shall be mailed to the payor's or other third party's main office or home by
01 registered or certified mail, return receipt requested, or served upon the payor or other 02 third party in the same manner as a summons in a civil action. Upon receipt of 03 written notice of a claimed forfeiture or revocation under this section, a payor or other 04 third party may pay an amount owed or transfer or deposit an item of property held 05 by it to or with the court having jurisdiction of the probate proceedings relating to the 06 decedent's estate, or if proceedings have not been commenced, to or with the court in 07 the judicial district of the decedent's residence. The court shall hold the funds or item 08 of property and, upon the court's determination under this section, shall order 09 disbursement in accordance with the determination. Payments, transfers, or deposits 10 made to or with the court discharge the payor or other third party from all claims for 11 the value of amounts paid to or items of property transferred to or deposited with the 12 court. 13 (i) A person who purchases property for value and without notice, or who 14 receives a payment or other item of property in partial or full satisfaction of a legally 15 enforceable obligation, is not obligated under this section to return the payment, item 16 of property, or benefit, or liable under this section for the amount of the payment or 17 the value of the item of property or benefit. However a person who, not for value, 18 receives a payment, an item of property, or other benefit to which the person is not 19 entitled under this section is obligated to return the payment, item of property, or 20 benefit, or is personally liable for the amount of the payment or the value of the item 21 of property or benefit, to the person who is entitled to it under this section. 22 (j) If this section or part of this section is preempted by federal law with 23 respect to a payment, an item of property, or other benefit covered by this section, a 24 person who, not for value, receives the payment, item of property, or other benefit to 25 which the person is not entitled under this section is obligated to return the payment, 26 item of property, or benefit, or is personally liable for the amount of the payment or 27 the value of the item of property or benefit, to the person who would have been 28 entitled to it if this section or part of this section were not preempted. 29 (k) In this section, 30 (1) "disposition or appointment of property" includes a transfer of an 31 item of property or other benefit to a beneficiary designated in a governing instrument;
01 (2) "governing instrument" means a governing instrument executed by 02 the decedent; 03 (3) "revocable," with respect to a disposition, appointment, provision, 04 or nomination, means a disposition, appointment, provision, or nomination under which 05 the decedent, at the time of or immediately before death, was alone empowered, by 06 law or under the governing instrument, to cancel the designation in favor of the killer, 07 whether or not the decedent was then empowered to designate the decedent in place 08 of the decedent's killer or the decedent then had capacity to exercise the power. 09 Sec. 13.12.804. REVOCATION OF PROBATE AND NONPROBATE 10 TRANSFERS BY DIVORCE; NO REVOCATION BY OTHER CHANGES OF 11 CIRCUMSTANCES. (a) Except as provided by the express terms of a governing 12 instrument, a court order, or a contract relating to the division of the marital estate 13 made between the divorced individuals before or after the marriage, divorce, or 14 annulment, the divorce or annulment of a marriage 15 (1) revokes a revocable 16 (A) disposition or appointment of property made by a divorced 17 individual to the divorced individual's former spouse in a governing instrument 18 and a disposition or appointment created by law or in a governing instrument 19 to a relative of the divorced individual's former spouse; 20 (B) provision in a governing instrument conferring a general or 21 nongeneral power of appointment on the divorced individual's former spouse 22 or on a relative of the divorced individual's former spouse; and 23 (C) nomination in a governing instrument, nominating a 24 divorced individual's former spouse or a relative of the divorced individual's 25 former spouse to serve in a fiduciary or representative capacity, including a 26 personal representative, executor, trustee, conservator, agent, or guardian; and 27 (2) severs the interests of the former spouses in property held by them 28 at the time of the divorce or annulment as joint tenants with the right of survivorship, 29 transforming the interests of the former spouses into tenancies in common. 30 (b) A severance under (a)(2) of this section does not affect a third-party 31 interest in property acquired for value and in good faith reliance on an apparent title
01 by survivorship in the survivor of the former spouses unless a writing declaring the 02 severance has been noted, registered, filed, or recorded in records appropriate to the 03 kind and location of the property that are relied upon, in the ordinary course of 04 transactions involving that kind of property, as evidence of ownership. 05 (c) Provisions of a governing instrument that are not revoked by this section 06 are given effect as if the former spouse and relatives of the former spouse disclaimed 07 the revoked provisions or, in the case of a revoked nomination in a fiduciary or 08 representative capacity, as if the former spouse and relatives of the former spouse died 09 immediately before the divorce or annulment. 10 (d) Provisions revoked solely by this section are revived by the divorced 11 individual's remarriage to the former spouse or by a nullification of the divorce or 12 annulment. 13 (e) A change of circumstances other than as described in this section and in 14 AS 13.12.803 does not effect a revocation. 15 (f) A payor or other third party is not liable for having made a payment or 16 transferred an item of property or other benefit to a beneficiary designated in a 17 governing instrument affected by a divorce, annulment, or remarriage, or for having 18 taken other action in good faith reliance on the validity of the governing instrument, 19 before the payor or other third party received written notice of the divorce, annulment, 20 or remarriage. A payor or other third party is liable for a payment made or other 21 action taken after the payor or other third party receives written notice of a claimed 22 forfeiture or revocation under this section. 23 (g) Written notice of the divorce, annulment, or remarriage under (f) of this 24 section shall be mailed to the payor's or other third-party's main office or home by 25 registered or certified mail, return receipt requested, or served upon the payor or other 26 third party in the same manner as a summons in a civil action. Upon receipt of 27 written notice of the divorce, annulment, or remarriage, a payor or other third party 28 may pay any amount owed or transfer or deposit any item of property held by it to or 29 with the court having jurisdiction of the probate proceedings relating to the decedent's 30 estate or, if proceedings have not been commenced, to or with the court located in the 31 judicial district of the decedent's residence. The court shall hold the funds or item of
01 property and, upon its determination under this section, shall order disbursement or 02 transfer in accordance with the determination. Payments, transfers, or deposits made 03 to or with the court discharge the payor or other third party from all claims for the 04 value of amounts paid to or items of property transferred to or deposited with the 05 court. 06 (h) A person who purchases property from a former spouse, relative of a 07 former spouse, or another person for value and without notice, or who receives from 08 a former spouse, relative of a former spouse, or another person a payment or other 09 item of property in partial or full satisfaction of a legally enforceable obligation, is not 10 obligated under this section to return the payment, an item of property, or benefit, or 11 liable under this section for the amount of the payment or the value of the item of 12 property or benefit. However, a former spouse, relative of a former spouse, or other 13 person who, not for value, receives a payment, an item of property, or other benefit 14 to which that person is not entitled under this section is obligated to return the 15 payment, an item of property, or benefit, or is personally liable for the amount of the 16 payment or the value of the item of property or benefit, to the person who is entitled 17 to it under this section. 18 (i) If this section or a part of this section is preempted by federal law with 19 respect to a payment, an item of property, or other benefit covered by this section, a 20 former spouse, relative of the former spouse, or another person who, not for value, 21 received a payment, an item of property, or other benefit to which that person is not 22 entitled under this section is obligated to return that payment, item of property, or 23 benefit, or is personally liable for the amount of the payment or the value of the item 24 of property or benefit, to the person who would have been entitled to it if this section 25 or part of this section were not preempted. 26 (j) In this section, 27 (1) "disposition or appointment of property" includes a transfer of an 28 item of property or other benefit to a beneficiary designated in a governing instrument; 29 (2) "divorce or annulment" means any divorce or annulment, or any 30 dissolution or declaration of invalidity of a marriage, that would exclude the spouse 31 as a surviving spouse within the meaning of AS 13.12.802; a decree of separation that
01 does not terminate the status of husband and wife is not a divorce for purposes of this 02 section; 03 (3) "divorced individual" includes an individual whose marriage has 04 been annulled; 05 4) "governing instrument" means a governing instrument executed by 06 the divorced individual before the divorce or annulment of the divorced individual's 07 marriage to the divorced individual's former spouse; 08 (5) "relative of the divorced individual's former spouse" means an 09 individual who is related to the divorced individual's former spouse by blood, 10 adoption, or affinity and who, after the divorce or annulment, is not related to the 11 divorced individual by blood, adoption, or affinity; 12 (6) "revocable," with respect to a disposition, appointment, provision, 13 or nomination, means a disposition, appointment, provision, or nomination under which 14 the divorced individual, at the time of the divorce or annulment, was alone 15 empowered, by law or under the governing instrument, to cancel the designation in 16 favor of the divorced individual's former spouse or former spouse's relative, whether 17 or not the divorced individual was then empowered to designate the divorced 18 individual in place of the divorced individual's former spouse or in place of the 19 divorced individual's former spouse's relative and whether or not the divorced 20 individual then had the capacity to exercise the power. 21 ARTICLE 9. MISCELLANEOUS PROVISIONS. 22 Sec. 13.12.907. HONORARY TRUSTS; TRUSTS FOR PETS. (a) A trust for 23 a noncharitable corporation or an unincorporated society or for a lawful noncharitable 24 purpose may be performed by the trustee for 21 years but not longer, whether or not 25 there is a beneficiary who can seek the trust's enforcement or termination and whether 26 or not the terms of the trust contemplate a longer duration. 27 (b) Except as otherwise provided by (c) of this section, a trust for the care of 28 a designated domestic or pet animal and the animal's offspring is valid. 29 (c) Except as expressly provided otherwise in the trust instrument, 30 (1) a portion of the principal or income may not be converted to the 31 use of the trustee or to a use other than for the benefit of a covered animal;
01 (2) the trust terminates at the earlier of 21 years after the trust was 02 created or when no living animal is covered by the trust; 03 (3) upon termination, the trustee shall transfer the unexpended trust 04 property in the following order: 05 (A) as directed in the trust instrument; 06 (B) if the trust was created in a nonresiduary clause in the 07 transferor's will or in a codicil to the transferor's will, under the residuary 08 clause in the transferor's will; and 09 (C) if a taker is not produced by the application of (A) or (B) 10 of this paragraph, to the transferor's heirs under AS 13.12.711; 11 (4) for the purposes of AS 13.12.707, the residuary clause is treated as 12 creating a future interest under the terms of a trust; 13 (5) the intended use of the principal or income may be enforced by an 14 individual designated for that purpose in the trust instrument or, if none, by an 15 individual appointed by a court upon application to the court by an individual; 16 (6) except as ordered by the court or required by the trust instrument, 17 a filing, report, registration, periodic accounting, separate maintenance of funds, 18 appointment, or fee is not required by reason of the existence of the fiduciary 19 relationship of the trustee; 20 (7) a governing instrument shall be liberally construed to bring the 21 transfer within this section, to presume against the merely precatory or honorary nature 22 of the disposition, and to carry out the general intent of the transferor; extrinsic 23 evidence is admissible in determining the transferor's intent; 24 (8) a court may reduce the amount of the property transferred, if it 25 determines that amount substantially exceeds the amount required for the intended use; 26 the amount of the reduction, if any, passes as unexpended trust property under (3) of 27 this subsection; 28 (9) if a trustee is not designated or a designated trustee is not willing 29 or able to serve, a court shall name a trustee; a court may order the transfer of the 30 property to another trustee, if required to assure that the intended use is carried out and 31 if a successor trustee is not designated in the trust instrument or if a designated
01 successor trustee does not agree to serve or is unable to serve; a court may also make 02 other orders and determinations as are advisable to carry out the intent of the transferor 03 and the purpose of this section. 04 Sec. 13.12.912. INTERNATIONAL WILL; VALIDITY. (a) A will is valid 05 as regards form, irrespective of the place where the will is made, of the location of the 06 assets and of the nationality, domicile, or residence of the testator, if the will is made 07 in the form of an international will complying with the requirements of AS 13.12.912 - 08 13.12.921. 09 (b) The invalidity of the will as an international will does not affect its formal 10 validity as a will of another kind. 11 (c) AS 13.12.912 - 13.12.921 do not apply to the form of testamentary 12 dispositions made by two or more persons in one instrument. 13 Sec. 13.12.913. INTERNATIONAL WILL; REQUIREMENTS. (a) The 14 international will must be written. The will does not need to be written by the testator. 15 The will may be written in any language, or by hand or other means. 16 (b) The testator shall declare in the presence of two witnesses and of a person 17 authorized to act in connection with international wills that the document is the 18 testator's will and that the testator knows the contents of the will. The testator does 19 not need to inform the witnesses, or the authorized person, of the contents of the will. 20 (c) In the presence of the witnesses, and of the authorized person, the testator 21 shall sign the international will, or, if the testator has previously signed it, shall 22 acknowledge the testator's signature. 23 (d) When the testator is unable to sign, the absence of the testator's signature 24 does not affect the validity of the international will if the testator indicates the reason 25 for the testator's inability to sign and the authorized person makes note of the reason 26 on the will. In these cases, it is permissible for any other person present, including the 27 authorized person or one of the witnesses, at the direction of the testator, to sign the 28 testator's name for the testator, if the authorized person makes note of this also on the 29 will, but it is not required that a person sign the testator's name for the testator. 30 (e) The witnesses and the authorized person shall there and then attest the 31 international will by signing in the presence of the testator.
01 Sec. 13.12.914. INTERNATIONAL WILL; OTHER POINTS OF FORM. (a) 02 The signatures shall be placed at the end of the international will. If the will consists 03 of several sheets, each sheet shall be signed by the testator or, if the testator is unable 04 to sign, by the person signing on the testator's behalf or, if a person is not signing on 05 the testator's behalf, by the authorized person. In addition, each sheet shall be 06 numbered. 07 (b) The date of the international will is the date of its signature by the 08 authorized person. That date shall be noted at the end of the will by the authorized 09 person. 10 (c) The authorized person shall ask the testator whether the testator wishes to 11 make a declaration concerning the safekeeping of the will. If so and at the express 12 request of the testator the place where the testator intends to have the will kept shall 13 be mentioned in the certificate provided for in AS 13.12.915. 14 (d) An international will executed in compliance with AS 13.12.913 is not 15 invalid merely because it does not comply with this section. 16 Sec. 13.12.915. INTERNATIONAL WILL; CERTIFICATE. The authorized 17 person shall attach to the international will a certificate to be signed by the authorized 18 person establishing that the requirements of AS 13.12.912 - 13.12.921 for valid 19 execution of an international will have been complied with. The authorized person 20 shall keep a copy of the certificate and deliver another to the testator. The certificate 21 shall be substantially in the following form: 22 CERTIFICATE 23 (Convention of October 26, 1973) 24 1. I, _______________________________ (name, 25 address, and capacity), a person authorized to act in connection 26 with international wills 27 2. certify that on ___________________________ (date) 28 at _____________________________________________ (place) 29 3. (testator) ____________________________________ 30 (name, address, date, and place of birth) in my presence and that 31 of the witnesses
01 4. (a) ___________________________________ (name, 02 address, date, and place of birth) 03 (b) ___________________________________ (name, 04 address, date, and place of birth) has declared that the attached 05 document is the testator's will and that the testator knows the 06 contents of the will. 07 5. I furthermore certify that: 08 6. (a) in my presence and in that of the witnesses 09 (1) the testator has signed the will or has acknowledged the 10 testator's signature previously affixed. 11 * (2) following a declaration of the testator stating that the 12 testator was unable to sign the testator's will for the following reason 13 _______________________, I have mentioned this declaration on the will 14 *and the signature has been affixed by _________________________ (name 15 and address) 16 7. (b) the witnesses and I have signed the will; 17 8. * (c) each page of the will has been signed by 18 _________________________ and numbered; 19 9. (d) I have satisfied myself as to the identity of the 20 testator and of the witnesses as designated above; 21 10. (e) the witnesses met the conditions requisite to act 22 as witnesses according to the law under which I am acting; 23 11. * (f) the testator has requested me to include the 24 following statement concerning the safekeeping of the testator's 25 will:___________________________________________________________________________________________ 26 _______ 27 12. PLACE OF EXECUTION 28 13. DATE 29 14. SIGNATURE and, if necessary, SEAL 30 * to be completed if appropriate. 31 Sec. 13.12.916. INTERNATIONAL WILL; EFFECT OF CERTIFICATE. In
01 the absence of evidence to the contrary, the certificate of the authorized person is 02 conclusive of the formal validity of the instrument as an international will under 03 AS 13.12.912 - 13.12.921. The absence or irregularity of a certificate does not affect 04 the formal validity of a will under AS 13.12.912 - 13.12.921. 05 Sec. 13.12.917. INTERNATIONAL WILL; REVOCATION. An international 06 will is subject to the ordinary rules of revocation of wills. 07 Sec. 13.12.918. SOURCE AND CONSTRUCTION. AS 13.12.912 - 13.12.917 08 and 13.12.921 derive from the Annex to Convention of October 26, 1973, Providing 09 a Uniform Law on the Form of an International Will. In interpreting and applying 10 AS 13.12.912 - 13.12.921, regard shall be had to its international origin and to the 11 need for uniformity in its interpretation. 12 Sec. 13.12.919. PERSONS AUTHORIZED TO ACT IN RELATION TO 13 INTERNATIONAL WILL; ELIGIBILITY; RECOGNITION BY AUTHORIZING 14 AGENCY. Individuals who are licensed to practice law in this state and who are in 15 good standing as active law practitioners in this state, are hereby declared to be 16 authorized persons in relation to international wills. 17 Sec. 13.12.920. INTERNATIONAL WILL INFORMATION REGISTRATION. 18 The Department of Commerce and Economic Development shall establish a registry 19 system by which authorized persons may register in a central information center 20 information regarding the execution of international wills, keeping that information in 21 strictest confidence until the death of the maker and then making it available to any 22 person desiring information about any will who presents a death certificate or other 23 satisfactory evidence of the testator's death to the center. Information that may be 24 received, preserved in confidence until death, and reported as indicated is limited to 25 the testator's name, social security, or other individual identifying number established 26 by law, address, and date and place of birth, and the intended place of deposit or 27 safekeeping of the instrument pending the death of the maker. The Department of 28 Commerce and Economic Development, at the request of the authorized person, may 29 cause the information it receives about execution of an international will to be 30 transmitted to the registry system of another jurisdiction as identified by the testator, 31 if that other system adheres to rules protecting the confidentiality of the information
01 similar to those established in this state. 02 Sec. 13.12.921. DEFINITIONS FOR AS 13.12.912 - 13.12.921. In 03 AS 13.12.912 - 13.12.921, 04 (1) "authorized person" and "person authorized to act in connection 05 with international wills" mean a person who by AS 13.12.919, or by the laws of the 06 United States, including members of the diplomatic and consular service of the United 07 States designated by federal regulations, is empowered to supervise the execution of 08 international wills; 09 (2) "international will" means a will executed in conformity with 10 AS 13.12.912 - 13.12.915. 11 * Sec. 4. AS 13.16.090(c) is amended to read: 12 (c) A will that [WHICH] appears to have the required signatures and that 13 [WHICH] contains an attestation clause showing that requirements of execution under 14 AS 13.12.502 or 13.12.506 [AS 13.11.155, 13.11.160, OR 13.11.175] have been met 15 shall be probated without further proof. In other cases, the registrar may assume 16 execution if the will appears to have been properly executed, or the registrar may 17 accept a sworn statement or affidavit of a [ANY] person having knowledge of the 18 circumstances of execution, whether or not the person was a witness to the will. 19 * Sec. 5. AS 13.16.560(a) is amended to read: 20 (a) Unless a contrary intention is indicated by the will, the distributable assets 21 of a decedent's estate shall be distributed in kind to the extent possible through 22 application of the following provisions: 23 (1) a [A] specific devisee is entitled to distribution of the thing devised, 24 and a spouse or child who has selected particular assets of an estate as provided in 25 AS 13.12.403 [AS 13.11.130] shall receive the items selected; [.] 26 (2) a [ANY] homestead or family allowance or devise payable in 27 money may be satisfied by value in kind if 28 (A) the person entitled to the payment has not demanded 29 payment in cash; 30 (B) the property distributed in kind is valued at fair market 31 value as of the date of its distribution; and
01 (C) no residuary devisee has requested that the asset in question 02 remain a part of the residue of the estate; [.] 03 (3) for [FOR] the purpose of valuation under (2) of this subsection, 04 securities regularly traded on recognized exchanges, if distributed in kind, are valued 05 at the price for the last sale of like securities traded on the business day before 06 distribution, or if there was no sale on that day, at the median between amounts bid 07 and offered at the close of that day; assets [. ASSETS] consisting of sums owed the 08 decedent or the estate by solvent debtors as to which there is no known dispute or 09 defense are valued at the sum due with accrued interest or discounted to the date of 10 distribution; for [. FOR] assets that [WHICH] do not have readily ascertainable 11 values, a valuation as of a date not more than 30 days before the date of distribution, 12 if otherwise reasonable, controls; for [. FOR] purposes of facilitating distribution, the 13 personal representative may ascertain the value of the assets as of the time of the 14 proposed distribution in any reasonable way, including the employment of qualified 15 appraisers, even if the assets may have been previously appraised; [.] 16 (4) the [THE] residuary estate shall be distributed in kind if there is no 17 objection to the proposed distribution and it is practicable to distribute undivided 18 interests; in [. IN] other cases, residuary property may be converted into cash for 19 distribution. 20 * Sec. 6. AS 16.43.150(h) is amended to read: 21 (h) Unless an entry permit holder has expressed a contrary intent in a will that 22 is probated, the commission shall, upon the death of the permit holder, transfer the 23 permanent permit by right of survivorship directly to the surviving spouse or, if no 24 spouse survives, to a natural person designated by the permit holder on a form 25 provided by the commission. If no spouse survives and if the person designated on the 26 form, if any, does not survive, the permit passes as part of the permit holder's estate. 27 A designation under this subsection must be acknowledged before a person authorized 28 to administer an oath under AS 09.63.010 or must be witnessed by two persons who 29 are qualified under AS 13.12.505 [AS 13.11.170] to witness the will of the permit 30 holder. Except as provided in AS 16.10.333 - 16.10.337, AS 44.81.210, and 31 44.81.230 - 44.81.250, the permit is exempt from the claims of creditors of the estate.
01 * Sec. 7. AS 13.11 is repealed. 02 * Sec. 8. TRANSITION PROVISIONS. Except as otherwise provided in this Act, 03 (1) this Act applies to the will of a decedent dying on or after the effective 04 date of this Act; 05 (2) this Act applies to a proceeding in court pending on or begun on or after 06 the effective date of this Act, regardless of the time of the death of the decedent, except to 07 the extent that in the opinion of the court the former procedure should be made applicable in 08 a particular case in the interest of justice or because of the infeasibility of applying the 09 procedures of this Act; 10 (3) an act done before the effective date of this Act, in any proceeding and an 11 accrued right are not impaired by this Act; if a right is acquired, extinguished, or barred upon 12 the expiration of a prescribed period of time that began to run under a statute before the 13 effective date of this Act, the provisions of the statute apply to that right on and after the 14 effective date of this Act. 15 * Sec. 9. AMENDMENT OF COURT RULES. AS 13.12.515, enacted by sec. 3 of this 16 Act, amends Alaska Rule of Probate Procedure 5 by 17 (1) requiring that a will deposited with the court be sealed; and 18 (2) requiring that the court deliver a deposited will, not just a copy of the will, 19 to the person designated to receive the will after the testator's death. 20 * Sec. 10. This Act takes effect January 1, 1996.