Alaska Stat. § 13.52.020 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.020
Revocation of advance health care directive.
Status: in_force

(a) Except in the case of mental illness under (c) of this section, a principal may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.

(b) Except in the case of mental illness under (c) of this section and except as provided by AS 13.52.183 , a principal may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.

(c) In the case of mental illness, an advance health care directive may be revoked in whole or in part at any time by the principal if the principal does not lack capacity and is competent. A revocation is effective when a competent principal with capacity communicates the revocation to a physician or other health care provider. The physician or other health care provider shall note the revocation on the principal's medical record. In the case of mental illness, the authority of a named agent and an alternative agent named in the advance health care directive continues in effect as long as the advance health care directive appointing the agent is in effect or until the agent has withdrawn. For the purposes of this subsection, a principal is not considered competent when (1) it is the opinion of the court in a guardianship proceeding under AS 13.26 , the opinion of two physicians, at least one of whom is a psychiatrist, or the opinion of a physician and a professional mental health clinician, that the principal is not competent; or

(2) a court in a hearing under AS 47.30.735 , 47.30.750, or 47.30.770 determines that the principal is gravely disabled; in this paragraph, gravely disabled has the meaning given in AS 47.30.915 (9)(B).

(d) A health care provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution at which the patient is receiving care.

(e) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a durable power of attorney for health care.

(f) An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.
Alaska Stat. § 13.16.350 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.350
General duties; standard of care; relation and liability to persons interested in estate; standing to sue.
Status: in_force

(a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under AS 13.36.225  13.36.290. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and AS 13.06  AS 13.36 , and as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by AS 13.06  AS 13.36 , the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.

(b) A personal representative may not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in AS 13.06  AS 13.36 .

(c) Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately before death.
Alaska Stat. § 13.06.025 — AK Code / Title 13 / Chapter 13.06 / Section 13.06.025
Construction against implied repeal.
Status: repealed

AS 13.06  AS 13.36 are intended to provide a unified coverage of their subject matter. No part of AS 13.06  AS 13.36 may be impliedly repealed by subsequent legislation if it can reasonably be avoided.
Alaska Stat. § 13.12.210 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.210
Personal liability of recipients.
Status: in_force

(a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective share or supplemental elective share amount. A person liable to make contribution may choose to give up the person's proportional part of the decedent's nonprobate transfers to others or to pay the value of the amount for which the person is liable.

(b) If a provision of AS 13.12.201  13.12.214 is preempted by federal law with respect to a payment, an item of property, or another benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in AS 13.12.209 , to the person who would have been entitled to it if that provision were not preempted.
Alaska Stat. § 13.33.223 — AK Code / Title 13 / Chapter 13.33 / Section 13.33.223
Payment on POD designation.
Status: in_force

A financial institution, on request, may pay sums on deposit in an account with a POD designation to (1) one or more of the parties whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;

(2) the beneficiary or beneficiaries if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or

(3) the personal representative, if any, or, if there is none, the heirs or devisees of a deceased party if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary.
Alaska Stat. § 13.26.181 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.181
Proceedings subsequent to appointment; venue.
Status: in_force

(a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting, and other proceedings relating to the guardianship.

(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
Alaska Stat. § 13.60.050 — AK Code / Title 13 / Chapter 13.60 / Section 13.60.050
Multiple beneficiaries; separate custodial trusts; survivorship.
Status: in_force

(a) Beneficial interests in a custodial trust created for multiple beneficiaries are considered to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of a married couple, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship.

(b) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.

(c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary under AS 13.60.060 and 13.60.140 for the administration of the custodial trust.

(d) The provisions of (b) of this section do not apply to a custodial trust established under AS 13.12.212 .
Alaska Stat. § 13.36.355 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.355
Construction or modification of trust to achieve settlor's tax objectives.
Status: in_force

(a) The terms of a trust shall be construed to achieve the settlor's tax objectives.

(b) On petition by a trustee, settlor, or beneficiary, a court may modify the terms of an irrevocable trust to achieve the settlor's tax objectives in a manner that does not violate the settlor's probable intent. The court may order that the modification operate retroactively.
Alaska Stat. § 13.16.015 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.015
Necessity of appointment for administration.
Status: in_force

Except as otherwise provided in AS 13.21 , to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify, and be issued letters. Administration of an estate is commenced by the issuance of letters.
Alaska Stat. § 13.36.375 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.375
Trustee advisor.
Status: in_force

(a) A trust instrument may provide for the appointment of a person to act as an advisor to the trustee with regard to all or some of the matters relating to the property of the trust.

(b) Unless the terms of the trust instrument provide otherwise, if an advisor is appointed under (a) of this section, the property and management of the trust and the exercise of all powers and discretionary acts exercisable by the trustee remain vested in the trustee as fully and effectively as if an advisor were not appointed, the trustee is not required to follow the advice of the advisor, and the advisor is not liable as or considered to be a trustee of the trust or a fiduciary when acting as an advisor to the trust.

(c) Notwithstanding (b) of this section, if, by the terms of the trust instrument, a trustee is designated to follow the directions of an advisor who is not designated in the trust instrument as being a trustee, the trustee who, by the terms of the trust instrument, is required to follow the directions of the advisor is not liable, individually or as a fiduciary, to a beneficiary for a consequence of the trustee's compliance with the advisor's directions, regardless of the information available to the trustee, and the trustee does not have an obligation to review, inquire, investigate, or make recommendations or evaluations with respect to the exercise of a power of the trustee if the exercise of the power complies with the directions given to the trustee. An advisor under this subsection is liable to the beneficiaries as a fiduciary with respect to the exercise of the advisor's directions by a trustee as if the trustee were not in office, and the advisor has the exclusive obligation to account to the beneficiaries and to defend an action brought by the beneficiaries with respect to the exercise of the advisor's directions by the trustee.
Alaska Stat. § 13.12.575 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.575
Change to will after declaration.
Status: in_force

After a declaration of the validity of a will under AS 13.12.555 , a testator may modify a will by a later will or codicil executed according to the laws of this state or another state, and the will may be revoked or modified under AS 13.12.507 , 13.12.508, or another applicable law.
Alaska Stat. § 13.55.020 — AK Code / Title 13 / Chapter 13.55 / Section 13.55.020
Obligations of health care providers and hospitals.
Status: in_force

A health care provider, a hospital, or an employee of a health care provider or hospital may not be subject to disciplinary action by the health care provider's or the employee's professional licensing board or held civilly or criminally liable for failure to administer, prescribe, or dispense an opioid, or for inadvertent administration of an opioid, to an individual or a minor who has a voluntary nonopioid directive.
Alaska Stat. § 13.38.360 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.360
Court orders regarding unitrust.
Status: in_force

The trustee or, if the trustee declines to petition the court, a beneficiary may petition the court to provide for a distribution of net income, as would be determined if the unitrust were not a unitrust, in excess of the unitrust distribution if the distribution is necessary to preserve a tax benefit.
Alaska Stat. § 13.65.010 — AK Code / Title 13 / Chapter 13.65 / Section 13.65.010
Standard of conduct in managing and investing institutional funds.
Status: in_force

(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

(b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

(c) In managing and investing an institutional fund, an institution (1) may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and

(2) shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

(d) An institution may pool two or more institutional funds for purposes of management and investment.

(e) Except as otherwise provided by a gift instrument, the following rules apply: (1) in managing and investing an institutional fund, the following factors, if relevant, must be considered: (A) general economic conditions;

(B) the possible effect of inflation or deflation;

(C) the expected tax consequences, if any, of investment decisions or strategies;

(D) the role that each investment or course of action plays within the overall investment portfolio of the fund;

(E) the expected total return from income and the appreciation of investments;

(F) other resources of the institution;

(G) the needs of the institution and the fund to make distributions and to preserve capital; and

(H) an asset's special relationship or special value, if any, to the charitable purposes of the institution;

(2) management and investment decisions about an individual asset may not be made in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution;

(3) except as otherwise provided by law other than this chapter, an institution may invest in any kind of property or type of investment consistent with the standards of this section;

(4) an institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification;

(5) within a reasonable time after receiving property, an institution shall make and implement decisions concerning the retention or disposition of the property or to rebalance a portfolio in order to bring the institutional fund into compliance with the purposes, terms, distribution requirements, and other circumstances of the institution and the requirements of this chapter;

(6) a person who has special skills or expertise, or is selected in reliance on the person's representation that the person has special skills or expertise, has a duty to use those special skills or that expertise in managing and investing institutional funds.
Alaska Stat. § 13.52.065 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.065
Do not resuscitate protocol and identification requirements.
Status: in_force

(a) A physician, an advanced practice registered nurse, or a physician assistant may issue a do not resuscitate order for a patient of the physician, the advanced practice registered nurse, or the physician assistant with the consent of the patient or the parent or guardian of the patient if the patient is under 18 years of age. The physician, the advanced practice registered nurse, or the physician assistant shall document the grounds for the order in the patient's medical file.

(b) The department shall by regulation adopt a protocol, subject to the approval of the State Medical Board, for do not resuscitate orders that sets out a standardized method of procedure for the withholding of cardiopulmonary resuscitation by health care providers and health care institutions.

(c) The department shall develop standardized designs and symbols for do not resuscitate identification cards, forms, necklaces, and bracelets that signify, when carried or worn, that the carrier or wearer is an individual for whom a physician, an advanced practice registered nurse, or a physician assistant has issued a do not resuscitate order.

(d) A health care provider other than a physician, an advanced practice registered nurse, or a physician assistant shall comply with the protocol adopted under (b) of this section for do not resuscitate orders when the health care provider is presented with a do not resuscitate identification, an oral do not resuscitate order issued directly by a physician, an advanced practice registered nurse, or a physician assistant if the applicable hospital allows oral do not resuscitate orders, or a written do not resuscitate order entered on and as required by a form prescribed by the department.

(e) Notwithstanding (d) of this section, if an individual has made an anatomical gift to occur at death and is in a hospital when a do not resuscitate order or an order to withdraw life-sustaining procedures is to be implemented for the individual, the order may not be implemented until the subject of the anatomical gift can be evaluated to determine if it is suitable for donation.

(f) A do not resuscitate order may not be made ineffective unless a physician, an advanced practice registered nurse, or a physician assistant revokes the do not resuscitate order, a patient for whom the order is written and who has capacity requests that the do not resuscitate order be revoked, or the patient for whom the order is written is under 18 years of age and the parent or guardian of the patient requests that the do not resuscitate order be revoked. Any physician, advanced practice registered nurse, or physician assistant of a patient for whom a do not resuscitate order is written may revoke the do not resuscitate order if the person for whom the order is written requests that the physician, the advanced practice registered nurse, or the physician assistant revoke the do not resuscitate order.
Alaska Stat. § 13.41.045 — AK Code / Title 13 / Chapter 13.41 / Section 13.41.045
Limitations on testamentary disposition.
Status: in_force

This chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
Alaska Stat. § 13.27.140 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.140
Appropriate forum.
Status: in_force

(a) A court of this state having jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its jurisdiction under (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including (1) any expressed preference of the respondent;

(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3) the length of time the respondent was physically present in or was a legal resident of this or another state;

(4) the distance of the respondent from the court in each state;

(5) the financial circumstances of the respondent's estate;

(6) the nature and location of the evidence;

(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8) the familiarity of the court of each state with the facts and issues in the proceeding; and

(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Alaska Stat. § 13.12.545 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.545
Contents of petition for will validity.
Status: in_force

A petition under AS 13.12.530 must contain (1) a statement that a copy of the will has been filed with the court;

(2) a statement that the will is in writing;

(3) a statement that the will was signed by the testator, or was signed in the testator's name by another person in the testator's conscious presence and at the testator's direction;

(4) in the case of a witnessed will, a statement that the will was signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of the signature on the will;

(5) in the case of a holographic will, a statement that the signature and material portions of the will are in the testator's handwriting;

(6) a statement that the will was executed with testamentary intent;

(7) a statement that the testator had testamentary capacity;

(8) a statement that the testator was free from undue influence and duress and executed the will in the exercise of the testator's free will;

(9) a statement that the execution of the will was not the result of fraud or mistake;

(10) the names and addresses of the testator, the testator's spouse, the testator's children, the testator's heirs, the personal representatives nominated in the will, and the devisees under the will;

(11) if minors, the ages of the testator's children, the testator's heirs, and the devisees under the will, as far as known or ascertainable with reasonable diligence by the petitioner;

(12) a statement that the will has not been revoked or modified; and

(13) a statement that the testator is familiar with the contents of the will.
Alaska Stat. § 13.36.090 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.090
Trustee's duty; appropriate place of administration; deviation.
Status: in_force

A trustee is under a continuing duty to administer the trust at a place appropriate to the purposes of the trust and to its sound, efficient management. If the principal place of administration becomes inappropriate for any reason, the court may enter any order furthering efficient administration and the interests of beneficiaries, including, if appropriate, release of registration, removal of the trustee under AS 13.36.076 , and appointment of a trustee in another state. Trust provisions relating to the place of administration and to changes in the place of administration or of trustee control unless compliance would be contrary to efficient administration or the purposes of the trust.
Alaska Stat. § 13.38.670 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.670
Special rules for charitable remainder unitrusts.
Status: in_force

Notwithstanding the other provisions of this chapter, if a charitable remainder unitrust, as defined in 26 U.S.C. 664 (Internal Revenue Code), owns an obligation described in (2) of this section, the following rules apply, unless varied by the governing instrument: (1) an obligation for the payment of money is principal at its inventory value except as provided in (2) of this section; the trustee may not make a provision for amortization of a premium or for accumulation for discount;

(2) except to the extent otherwise provided in the governing instrument, an increase in the value of the following above inventory value is distributable as income: (A) a zero coupon bond;

(B) an annuity contract before annuitization;

(C) a life insurance contract before the death of the insured;

(D) an interest in a common trust fund; in this subparagraph, common trust fund has the meaning given in 26 U.S.C. 584 (Internal Revenue Code);

(E) an interest in a limited liability company, limited liability partnership, or limited partnership; and

(F) another obligation for the payment of money if the money is payable at a future time under a fixed, variable, or discretionary schedule of appreciation and if the payment exceeds the price at which the obligation was issued;

(3) the increase in value of the obligations described in (2) of this section is distributable to the beneficiary who was the income beneficiary at the time of the increase; the increase is distributable from the first cash available from the principal or, if cash is not available from the principal, when cash is first available from the principal due to a sale, a redemption, or another disposition; when an unrealized increase is distributed as income from principal, the principal shall be reimbursed when the increase is realized;

(4) the increase in value of an obligation described in (2) of this section is not available for distribution unless the trustee receives cash on account of the obligation;

(5) notwithstanding a provision in this section to the contrary, a distribution from a partnership or limited liability company attributable to the cash flow or income derived from operations regularly carried on by the partnership or limited liability company is income, except to the extent otherwise provided in the governing instrument.
Alaska Stat. § 13.16.520 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.520
Administration in more than one state; duty of personal representative.
Status: in_force

(a) All assets of estates being administered in this state are subject to all claims, allowances, and charges existing or established against the personal representative wherever appointed.

(b) If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges, and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed either in the state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of each claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of the claim after deducting the amount of the benefit.

(c) If the family exemptions and allowances, prior charges, and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
Alaska Stat. § 13.26.241 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.241
Evaluations; right to remain silent; respondent's attorney or expert.
Status: in_force

(a) A ward or respondent has the right to refuse to respond to questions in the course of examinations and evaluations. However, the ward or respondent may be required to submit to interviews for the purpose of ascertaining whether the ward or respondent lacks the capacity to make informed decisions about care and treatment services.

(b) Statements of a ward or respondent in the course of evaluations, examinations, and treatment under AS 13.26.201  13.26.316 are privileged, confidential, and not admissible without the ward's or respondent's consent in any civil or criminal proceeding other than proceedings under AS 13.26.201  13.26.316. A ward or respondent at all times has the right to refuse to answer questions if the answers may tend to incriminate the ward or respondent.

(c) During an interview or a testing conducted under AS 13.26.201  13.26.316, a ward or respondent has the right to be accompanied by an attorney or expert of the ward's or respondent's own choosing.

(d) The court, if requested by a ward or respondent in preparation for and in connection with a hearing held under AS 13.26.201  13.26.316, shall appoint an expert having expertise in regard to the alleged or admitted incapacity to examine the respondent and testify on the respondent's behalf. The request shall be filed in court at least five days before the hearing. An expert appointed under this subsection may be the same expert appointed under AS 13.26.226 (c).
Alaska Stat. § 13.56.070 — AK Code / Title 13 / Chapter 13.56 / Section 13.56.070
Term of agreement.
Status: in_force

A supported decision-making agreement may indicate the date it becomes effective and its duration. If the supported decision-making agreement does not indicate the date it becomes effective, the supported decision-making agreement becomes effective immediately. If a supported decision-making agreement does not indicate its duration, the supported decision-making agreement remains effective until terminated under AS 13.56.080 .
Alaska Stat. § 13.36.060 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.060
Trust proceedings; initiation by notice; necessary parties.
Status: in_force

Proceedings under AS 13.36.035 are initiated by filing a petition in the court and giving notice under AS 13.06.110 to interested parties. The court may order notification of additional persons. A decree is valid as to all who are given notice of the proceeding though fewer than all interested parties are notified.
Alaska Stat. § 13.75.070 — AK Code / Title 13 / Chapter 13.75 / Section 13.75.070
Prohibition of cremation; written instructions.
Status: in_force

A person may not authorize cremation for a decedent's remains if a decedent has left directions in a disposition document that the decedent does not wish to be cremated.
Alaska Stat. § 13.12.918 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.918
Source and construction.
Status: in_force

AS 13.12.912  13.12.917 and 13.12.921 derive from the Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying AS 13.12.912  13.12.921, regard shall be had to its international origin and to the need for uniformity in its interpretation.
Alaska Stat. § 13.36.185 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.185
Tort liability of trust.
Status: in_force

(a) If a trustee or a predecessor of the trustee incurs personal liability for a tort committed in the course of the trustee's administration, the trustee in the trustee's representative capacity may be sued and collection made from the trust property if the court determines in the tort action that (1) the trustee or the trustee's predecessor, or an officer or employee of the trustee or the trustee's predecessor, was not guilty of personal fault in incurring the liability; or

(2) although the tort does not fall under (1) of this subsection, the tort increased the value of the trust property.

(b) If the tort is within (a)(1) of this section, the full amount of proven damages may be collected from the trust property.

(c) If the tort is within (a)(2) of this section, collection may not be made from the trust property except to the extent of the increase in the value of the trust property.

(d) A beneficiary may intervene in an action under this section and contest the right of the plaintiff to recover.

(e) In an action against the trustee in the trustee's representative capacity under this section, the plaintiff is not required to prove that the trustee could have secured reimbursement from the trust fund if the trustee paid the plaintiff's claim.

(f) A judgment may not be rendered in favor of the plaintiff in an action under this section unless the trustee proves that within 30 days after the beginning of the action, or within another period set by the court and more than 30 days before obtaining the judgment, the trustee notifies each of the beneficiaries who is known to the trustee who then has a present interest in the existence and nature of the action. The notice shall be given by mailing copies of the notice with postage prepaid to the beneficiaries at their last known addresses. The trustee shall furnish the plaintiff with a list of names and addresses of the beneficiaries within 10 days after the plaintiff makes a written demand for the list. Notification of the persons on the list constitutes compliance with the duty placed on the plaintiff by this subsection.

(g) Nothing in this section may be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of the trustees or their employees.
Alaska Stat. § 13.46.210 — AK Code / Title 13 / Chapter 13.46 / Section 13.46.210
Effect on existing custodianships.
Status: in_force

(a) A transfer of custodial property as defined in this chapter made before January 1, 1991, is validated notwithstanding that there was not specific authority in the Alaska Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.

(b) This chapter applies to all transfers that were made before January 1, 1991, and that were made in a manner and form prescribed in the Alaska Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on January 1, 1991.

(c) AS 13.46.190 , 13.46.195, and 13.46.990, with respect to the age of a minor for whom custodial property is held under this chapter, do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of (1) 19 after June 12, 1967, and before September 17, 1980; or

(2) 18 after September 16, 1980, and before January 1, 1991.

(d) To the extent that this chapter, by virtue of (b) of this section, does not apply to transfers made in a manner prescribed under former AS 45.60 (Alaska Uniform Gifts to Minors Act) or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of AS 45.60 (Alaska Uniform Gifts to Minors Act) does not affect those transfers or those powers, duties, and immunities.
Alaska Stat. § 13.46.999 — AK Code / Title 13 / Chapter 13.46 / Section 13.46.999
Short title.
Status: in_force

This chapter may be cited as the Alaska Uniform Transfers to Minors Act.
Alaska Stat. § 13.16.280 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.280
Termination of appointment; general.
Status: in_force

Termination of appointment of a personal representative occurs as indicated in AS 13.16.285  13.16.300. Termination ends the right and power pertaining to the office of personal representative as conferred by AS 13.06  AS 13.36 or any will, except that a personal representative, at any time before distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account therefor, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates the personal representative's authority to represent the estate in any pending or future proceeding.
Alaska Stat. § 13.12.502 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.502
Execution; witnessed wills; holographic wills.
Status: in_force

(a) Except as provided in (b) of this section, AS 13.06.068 , AS 13.12.506 , and 13.12.513, a will must be (1) in writing;

(2) signed by the testator or in the testator's name by another individual in the testator's conscious presence and by the testator's direction; and

(3) signed by at least two individuals, each of whom signs within a reasonable time after the witness witnesses either the signing of the will as described in (2) of this subsection or the testator's acknowledgment of that signature or the will.

(b) Except as provided in AS 13.06.068 , a will that does not comply with (a) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
Alaska Stat. § 13.12.505 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.505
Who may witness.
Status: in_force

(a) An individual generally competent to be a witness may act as a witness to a will.

(b) The signing of a will by an interested witness does not invalidate the will or a provision of it.
Alaska Stat. § 13.52.060 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.060
Obligations of health care providers, institutions, and facilities.
Status: in_force

(a) Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision.

(b) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate shall promptly record its existence in the patient's health care record, shall request a copy if it is in writing, and shall arrange for its maintenance in the health care record if a copy is furnished.

(c) A supervising health care provider who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, a guardian, or a surrogate, shall promptly record the determination in the patient's health care record and communicate the determination to the patient, if possible, and to any person then authorized to make health care decisions for the patient.

(d) Except as provided in (e), (f), and (i) of this section and by AS 13.52.253 , a health care provider, health care institution, or health care facility providing care to a patient shall comply with (1) an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and

(2) a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.

(e) A health care provider may decline to comply with an individual instruction or a health care decision for reasons of conscience, except for a do not resuscitate order. A health care institution or health care facility may decline to comply with an individual instruction or health care decision if the instruction or decision is contrary to a policy of the institution or facility that is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.

(f) A health care provider, health care institution, or health care facility may decline to comply with an individual instruction or a health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the provider, institution, or facility. In this subsection, medically ineffective health care means health care that according to reasonable medical judgment cannot cure the patient's illness, cannot diminish its progressive course, and cannot effectively alleviate severe discomfort and distress.

(g) A health care provider, health care institution, or health care facility that declines to comply with an individual instruction or a health care decision shall (1) promptly inform the patient, if possible, and any person then authorized to make health care decisions for the patient that the provider, institution, or facility has declined to comply with the instruction or decision;

(2) provide continuing care to the patient until a transfer is effected; and

(3) unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately cooperate and comply with a decision by the patient or a person then authorized to make health care decisions for the patient to transfer the patient to another health care institution, to another health care facility, to the patient's home, or to another location chosen by the patient or by the person then authorized to make health care decisions for the patient.

(h) Except as provided for civil commitments under AS 47.30.817 , a health care provider, health care institution, or health care facility may not require or prohibit the execution or revocation of an advance health care directive as a condition for providing health care.

(i) Notwithstanding the exception in (e) of this section for do not resuscitate orders, a health care provider may perform cardiopulmonary resuscitation or other resuscitative measures on a patient even if there is a do not resuscitate order for the patient if the condition requiring cardiopulmonary resuscitation or other resuscitative measures is precipitated by complications arising out of medical services being provided by the health care provider to the patient.

(j) The provisions of (i) of this section do not apply when a health care provider performs emergency medical services on a patient in the field, unless an online physician orders the health care provider to perform cardiopulmonary resuscitation or other resuscitative measures; in this subsection, (1) health care provider does not include a physician;

(2) in the field does not include in a health care facility, health care institution, hospital, or mental health facility;

(3) online physician means a physician who is immediately available in person or by radio or telephone, when medically appropriate, for communication of medical direction to health care providers.
Alaska Stat. § 13.52.160 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.160
Determination of qualifying condition.
Status: in_force

Whether a patient has a qualifying condition under this chapter shall be determined by the primary physician of the patient and by at least one other physician, when another physician is available. A physician making the determination shall document the grounds for the determination in the patient's medical record. Permanent unconsciousness shall be determined in consultation with a neurologist.
Alaska Stat. § 13.27.490 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.490
Definitions.
Status: in_force

In this chapter, (1) adult means an individual who has reached 18 years of age;

(2) conservator means a person appointed by the court to administer the property of an adult, including a person appointed under AS 13.26.401 ;

(3) guardian means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under AS 13.26.266 ; however, if the person was appointed as a full guardian under AS 13.26 , the person has the powers and duties set out under AS 13.26.316 ;

(4) guardianship order means an order appointing a guardian;

(5) guardianship proceeding means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued;

(6) incapacitated person means an adult for whom a guardian has been appointed;

(7) party means the respondent, petitioner, guardian, conservator, or any other interested person allowed by the court to participate in a guardianship or protective proceeding;

(8) person means, except in the terms incapacitated person or protected person, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(9) protected person means an adult for whom a protective order has been issued;

(10) protective order means an order appointing a conservator or other court order related to management of an adult's property;

(11) protective proceeding means a judicial proceeding in which a protective order is sought or has been issued;

(12) record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(13) respondent means an adult for whom a protective order or the appointment of a guardian is sought;

(14) state means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Alaska Stat. § 13.36.290 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.290
Short title.
Status: in_force

AS 13.36.225  13.36.290 may be cited as the Alaska Uniform Prudent Investor Act.
Alaska Stat. § 13.27.495 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.495
Short title.
Status: in_force

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Alaska Stat. § 13.27.310 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.310
Registration of protective orders.
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any judicial district in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Alaska Stat. § 13.12.920 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.920
International will information registration.
Status: in_force

The Department of Commerce, Community, and Economic Development shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the testator's name, social security, or other individual identifying number established by law, address, and date and place of birth, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The Department of Commerce, Community, and Economic Development, at the request of the authorized person, may cause the information it receives about execution of an international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state.
Alaska Stat. § 13.48.040 — AK Code / Title 13 / Chapter 13.48 / Section 13.48.040
Capacity of transferor.
Status: in_force

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
Alaska Stat. § 13.12.709 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.709
Distribution by representation, per capita at each generation, and per stirpes.
Status: in_force

(a) If an applicable statute or a governing instrument calls for property to be distributed by representation or per capita at each generation, the property is divided into as many equal shares as there are (1) surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants; and

(2) deceased descendants in the same generation who left surviving descendants, if any.

(b) In (a) of this section, each surviving descendant in the nearest generation is allocated one share, and the remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.

(c) If a governing instrument calls for property to be distributed per stirpes, the property is divided into as many equal shares as there are (1) surviving children of the designated ancestor; and

(2) deceased children who left surviving descendants.

(d) In (c) of this section, each surviving child, if any, is allocated one share, and the share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

(e) For the purposes of (a)  (d) of this section, an individual who is deceased and does not leave surviving descendants is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.

(f) In this section, (1) deceased child or deceased descendant means a child or a descendant who either predeceased the distribution date or is considered to have predeceased the distribution date under AS 13.12.702 ;

(2) distribution date, with respect to an interest, means the time when the interest is to take effect in possession or enjoyment; the distribution date does not need to occur at the beginning or end of a calendar day, but can occur at a time during the course of a day;

(3) surviving ancestor, surviving child, or surviving descendant means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is considered to have predeceased the distribution date under AS 13.12.702 .
Alaska Stat. § 13.26.435 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.435
Permissible court orders.
Status: in_force

The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (1) while a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to others, the court has power to preserve and apply the property of the person to be protected as may be required for the person's benefit or the benefit of the person's dependents;

(2) after hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and affairs of the minor which are or might be necessary for the best interests of the minor, the minor's family and members of the minor's household;

(3) after hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and members of the person's household, all the powers over the person's estate and affairs which the person could exercise if present and not under disability, except the power to make a will; these powers include, but are not limited to, power to make gifts, to convey or release contingent and expectant interests in property including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety, to exercise or release powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment, to enter into contracts, to create revocable or irrevocable trusts of property of the estate which may extend beyond the person's disability or life, to exercise options of the disabled person to purchase securities or other property, to exercise rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value, to exercise the right to an elective share in the estate of a deceased spouse, and to renounce any interest by testate or intestate succession or by inter vivos transfer;

(4) the court may exercise, or direct the exercise of its authority to exercise or release powers of appointment of which the protected person is donee, to renounce interests, to make gifts in trust or otherwise exceeding 20 percent of any year's income of the estate, or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that it is in the best interests of the protected person, and that the protected person either is incapable of consenting or has consented to the proposed exercise of power;

(5) an order made pursuant to this section determining that a basis for appointment of a conservator or other protective order exists, has no effect on the capacity of the protected person.
Alaska Stat. § 13.16.070 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.070
Demand for notice of order or filing concerning decedent's estate.
Status: in_force

Any person desiring notice of any order or filing pertaining to a decedent's estate in which the person has a financial or property interest, may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of the demandant's interest in the estate, and the demandant's address or that of the demandant's attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in AS 13.06.110 to the demandant or the demandant's attorney. The validity of an order that is issued or a filing that is accepted without compliance with this requirement is not affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of the demandant's interest in the estate.
Alaska Stat. § 13.55.100 — AK Code / Title 13 / Chapter 13.55 / Section 13.55.100
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) department means the Department of Health;

(2) emancipated minor means a minor whose disabilities have been removed for general purposes under AS 09.55.590 ;

(3) health care provider has the meaning given in AS 09.65.340 ;

(4) hospital has the meaning given in AS 13.52.268 ;

(5) minor means an individual under 18 years of age who is not an emancipated minor;

(6) opioid includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160;

(7) opioid overdose drug has the meaning given in AS 09.65.340 .
Alaska Stat. § 13.26.550 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.550
Enlargement or limitation of powers of conservator.
Status: in_force

Subject to the restrictions in AS 13.26.435 (4), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred by AS 13.26.540 and 13.26.545, any power which the court itself could exercise under AS 13.26.435 (2) and (3). The court may, at the time of appointment or later, limit the powers of a conservator otherwise conferred by AS 13.26.540 and 13.26.545 or previously conferred by the court, and may at any time relieve the conservator of any limitation. If the court limits any power conferred on the conservator by AS 13.26.540 and 13.26.545, the limitation shall be endorsed upon the letters of appointment.
Alaska Stat. § 13.56.120 — AK Code / Title 13 / Chapter 13.56 / Section 13.56.120
Confidentiality, handling, and disposal of information.
Status: in_force

A supporter shall keep the information collected by the supporter on behalf of the principal under this chapter confidential, may not use the information for a use that is not authorized by the principal, shall protect the information from unauthorized access, use, or disclosure, and shall dispose of the information properly when appropriate.
Alaska Stat. § 13.38.470 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.470
Revocation of charitable trust election.
Status: in_force

The trustee may revoke an election to be governed by AS 13.38.440  13.38.490 if the revocation is made as part of an alternative investment policy seeking the long-term preservation of the real value of the principal of the trust. The revocation and alternative investment policy must be in writing and maintained as part of the permanent records of the trust.
Alaska Stat. § 13.46.160 — AK Code / Title 13 / Chapter 13.46 / Section 13.46.160
Liability to third persons.
Status: in_force

(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable.

(b) A custodian is not personally liable (1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Alaska Stat. § 13.52.243 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.243
Immunity.
Status: in_force

(a) Except as provided by AS 13.52.080 and 13.52.090, a person who acts under AS 13.52.173  13.52.268 or with the applicable anatomical gift law of another state, or attempts in good faith to act under AS 13.52.173  13.52.268 or with the applicable anatomical gift law of another state, is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.

(b) Except as provided by AS 13.52.080 and 13.52.090, a person making an anatomical gift and the donor's estate are not liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under AS 13.52.173  13.52.268, a person may rely on representations of an individual listed in AS 13.52.197 (a)(2)  (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Alaska Stat. § 13.28.030 — AK Code / Title 13 / Chapter 13.28 / Section 13.28.030
Reliance on substitute decision-making document.
Status: in_force

(a) Except as otherwise provided in AS 13.26.615 , a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid, or terminated, or that the purported decision maker's authority is void, invalid, or terminated, may, without inquiry, assume that the document is genuine, valid, and still in effect and that the decision maker's authority is genuine, valid, and still in effect.

(b) A person that is asked to accept a substitute decision-making document may request and may, without further investigation, rely on (1) the decision maker's assertion of a fact concerning the individual for whom a decision will be made, the decision maker, or the document;

(2) a translation of the document if the document contains, in whole or in part, a language other than English; and

(3) an opinion of counsel regarding any matter of law concerning the document if the person requesting the opinion provides in a record the reason for the request.
Alaska Stat. § 13.75.195 — AK Code / Title 13 / Chapter 13.75 / Section 13.75.195
Short title.
Status: in_force

This chapter may be cited as the Disposition of Human Remains Act.
Alaska Stat. § 13.12.511 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.511
Testamentary additions to trusts.
Status: reserved

(a) A will may validly devise property to the trustee of a trust established or to be established (1) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or

(2) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set out in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.

(b) A devise under (a) of this section is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.

(c) Unless the testator's will provides otherwise, property devised to a trust described in (a)  (b) of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting out the terms of the trust, including any amendments to the trust made before or after the testator's death.

(d) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
Alaska Stat. § 13.16.330 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.330
Termination of appointment; special administrator.
Status: in_force

The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in AS 13.16.280  13.16.295.
Alaska Stat. § 13.38.420 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.420
Express total return unitrusts.
Status: in_force

(a) This section applies to a trust that, by its governing instrument, requires the distribution, at least annually, of a unitrust amount.

(b) The trustee of an express total return unitrust may determine the unitrust amount by reference to the net fair market value of the unitrust's assets in one or more years.

(c) Distribution of a unitrust amount is considered a distribution of all of the income of an express total return unitrust and is considered to be an income interest.

(d) Distribution of a unitrust amount is considered to be a reasonable apportionment of the total return of an express total return unitrust.

(e) An express total return unitrust that provides for a distribution based on a unitrust percentage in excess of five percent of the net fair market value of the unitrust assets a year is considered a distribution of all of the income of the unitrust and a distribution of principal of the unitrust to the extent that the distribution exceeds five percent a year.

(f) The governing instrument of an express total return unitrust may grant discretion to the trustee to adopt a consistent practice of treating capital gains as part of the unitrust amount to the extent that the unitrust amount exceeds the income determined as if the trust were not an express total return unitrust, or the governing instrument may specify the ordering of classes of income.

(g) Unless the terms of the express total return unitrust specifically provide otherwise, a unitrust amount is considered a distribution made from the following sources, which are listed in order of priority: (1) net income determined as if the trust were not a unitrust;

(2) ordinary income not allocable to net income;

(3) net realized short-term capital gains;

(4) net realized long-term capital gains; and

(5) the principal of the trust estate.

(h) The governing instrument of an express total return unitrust may provide that the trustee may exclude assets used by the unitrust's beneficiary, including a residence property or tangible personal property, from the net fair market value of the unitrust's assets for the purposes of computing the unitrust amount. These assets may be considered equivalent to income or to the unitrust amount.

(i) In this section, (1) express total return unitrust means a trust that, by its governing instrument, requires the distribution, at least annually, of a unitrust amount;

(2) unitrust amount means an amount equal to a fixed percentage of not less than three nor more than five percent each year of the net fair market value of the annual value of the trust's assets distributed from an express total return unitrust to a beneficiary.
Alaska Stat. § 13.12.915 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.915
International will; certificate.
Status: in_force

The authorized person shall attach to the international will a certificate to be signed by the authorized person establishing that the requirements of AS 13.12.912  13.12.921 for valid execution of an international will have been complied with. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate shall be substantially in the following form:

CERTIFICATE(Convention of October 26, 1973)1. I, _____________________________________ (name, address, and capacity), a person authorized to act in connection with international wills2. certify that on __________ (date) at __________________________________ (place)3. (testator) _____________________________________ (name, address, date, and place of birth) in my presence and that of the witnesses4. (a) _____________________________________ (name, address, date, and place of birth)(b) _____________________________________ (name, address, date, and place of birth) has declared that the attached document is the testator's will and that the testator knows the contents of the will;5. I furthermore certify that:6. (a) in my presence and in that of the witnesses(1) the testator has signed the will or has acknowledged the testator's signature previously affixed.* (2) following a declaration of the testator stating that the testator was unable to sign the testator's will for the following reason _____________________________________________________, I have mentioned this declaration on the will*and the signature has been affixed by _____________________________________ (name and address)7. (b) the witnesses and I have signed the will;8. * (c) each page of the will has been signed by __________________________________ and numbered;9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;10. (e) the witnesses met the conditions requisite to act as witnesses according to the law under which I am acting;11. * (f) the testator has requested me to include the following statement concerning the safekeeping of the testator's will:______________________________________12. PLACE OF EXECUTION13. DATE14. SIGNATURE and, if necessary, SEAL* to be completed if appropriate.
Alaska Stat. § 13.12.302 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.302
Omitted children.
Status: in_force

(a) Except as provided in (b) of this section, if a testator fails to provide in the testator's will for the testator's children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows: (1) if the testator did not have a child living when the testator executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will;

(2) if the testator had one or more children living when the testator executed the will, and the will devised property or an interest in property to one or more of the then living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows: (A) the portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then living children under the will;

(B) the omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in (A) of this paragraph, that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child;

(C) to the extent feasible, the interest granted an omitted after-born or after-adopted child under this section must be of the same character, whether equitable or legal, or present or future, as that devised to the testator's then living children under the will;

(D) in satisfying a share provided by this paragraph, devises to the testator's children who were living when the will was executed abate ratably; in abating the devises of the then living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.

(b) Neither (a)(1) nor (a)(2) of this section applies if (1) it appears from the will that the omission was intentional; or

(2) the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(c) If at the time of execution of the will the testator fails to provide in the testator's will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.

(d) In satisfying a share provided by (a)(1) of this section, devises made by the will abate under AS 13.16.540 .

Article 4. Exempt Property and Allowances.
Alaska Stat. § 13.12.510 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.510
Incorporation by reference.
Status: in_force

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Alaska Stat. § 13.16.060 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.060
Appointment or testacy proceedings; conflicting claim of domicile in another state.
Status: in_force

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding of this state.
Alaska Stat. § 13.26.510 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.510
Accounts.
Status: in_force

A conservator shall submit a report to the court at least every year. In addition, a conservator shall account to the court for administration of the trust upon resignation or removal and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator may account to the court or to the former protected person or the protected person's personal representative. Subject to appeal or vacation within the time permitted, an order, made upon notice and hearing, allowing an intermediate account of a conservator, adjudicates as to the conservator's liabilities concerning the matters considered in connection with it; and an order, made upon notice and hearing, allowing a final account, adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical check of the estate in the conservator's control, to be made in any manner the court may specify.
Alaska Stat. § 13.16.405 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.405
Persons dealing with personal representative; protection.
Status: in_force

A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in AS 13.16.230 , no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge of it. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Alaska Stat. § 13.36.145 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.145
Corporate trustee depositing trust funds with itself.
Status: in_force

(a) A corporate trustee that is subject to regulation and supervision by state or federal authorities may deposit with itself trust funds that are being held out of necessity pending investment, distribution, or payment of debts if the corporate trustee (1) pays into the trust for the deposit the interest the corporate trustee is required by state or federal law to pay on uninvested trust funds or, if there is not a state or federal law requiring the payment of interest, at the same rate of interest the corporate trustee pays on similar nontrust deposits; and

(2) maintains in its trust department as security for the deposit a separate fund consisting of securities that are legal for trust investments and that are at all times equal in total market value to the amount of the deposit, except that the security is not required to the extent that the deposit is insured or given a preference by state or federal law.

(b) The separate fund of securities required by (a)(2) of this section shall be marked as a separate fund for (a)(2) of this section. Withdrawals from or additions to the separate fund may be made from time to time, as long as the required value is maintained. The income of the securities in the separate fund belongs to the corporate trustee. In the statements of its financial condition published or delivered to the Department of Commerce, Community, and Economic Development, the corporate trustee shall show as separate items the amount of trust funds that it has deposited with itself and the amount of securities that it holds as security for the payment of the deposits.
Alaska Stat. § 13.36.073 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.073
Vacancy in trusteeship; appointment of successor.
Status: in_force

(a) Except as otherwise provided in the trust instrument, a vacancy in a trusteeship occurs if (1) a person designated as a trustee rejects the trusteeship or is considered to have rejected the trusteeship under AS 13.36.071 ;

(2) a person designated as a trustee cannot be identified or does not exist;

(3) a trustee resigns;

(4) a trustee is disqualified or removed under AS 13.36.076 ;

(5) a trustee dies;

(6) a guardian or conservator is appointed for an individual serving as a trustee.

(b) Except as otherwise provided in the trust instrument, if one or more co-trustees remain in office, it is not necessary to fill a vacancy in a trusteeship, but a vacancy in a trusteeship shall be filled if the trust does not have a remaining trustee.

(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority: (1) under the terms of the trust;

(2) by a person, other than a beneficiary, appointed by unanimous agreement of the qualified beneficiaries; or

(3) by a person appointed by the court.

(d) A vacancy in a trusteeship of an exclusively charitable trust that is required to be filled shall be filled in the following order of priority: (1) under the terms of the trust;

(2) by a person selected by the unanimous consent of the charitable organizations expressly designated to receive distributions under the terms of the trust; or

(3) by a person appointed by the court.

(e) Except as otherwise provided in the trust instrument, a qualified beneficiary who may be represented and bound by another person under AS 13.06.120 may have the qualified beneficiary's consent to the appointment of a trustee as specified in this section given by the person who may represent the qualified beneficiary under AS 13.06.120 .
Alaska Stat. § 13.16.215 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.215
Supervised administration; nature of proceeding.
Status: in_force

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in AS 13.16.215  13.16.235, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
Alaska Stat. § 13.16.370 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.370
Employment of appraisers.
Status: in_force

The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items appraised.
Alaska Stat. § 13.36.015 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.015
Effect of registration.
Status: in_force

(a) By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding under AS 13.36.035 relating to the trust that may be initiated by any interested person while the trust remains registered. Notice of any proceeding shall be delivered to the trustee, or mailed by ordinary first-class mail to the trustee's address as listed in the registration or as thereafter reported to the court and to the trustee's address as then known to the petitioner.

(b) To the extent of their interests in the trust, all beneficiaries of a trust properly registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings under AS 13.36.035 , if notice is given under AS 13.06.110 .
Alaska Stat. § 13.12.201 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.201
Definitions.
Status: in_force

(a) In AS 13.12.201  13.12.204 and 13.12.206  13.12.214, decedent's nonprobate transfers to others means the amounts that are included in the augmented estate under AS 13.12.205 .

(b) In AS 13.12.201  13.12.214, (1) fractional interest in property held in joint tenancy with the right of survivorship, whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent, and which, if the decedent was not a joint tenant, is the number of joint tenants;

(2) marriage, as it relates to a transfer by the decedent during marriage, means a marriage of the decedent to the decedent's surviving spouse;

(3) nonadverse party means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement; a person having a general power of appointment over property is considered to have a beneficial interest in the property;

(4) power or power of appointment includes a power to designate the beneficiary of a beneficiary designation;

(5) presently exercisable general power of appointment means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent, the decedent's creditors, the decedent's estate, or the creditors of the decedent's estate, and includes a power to revoke or invade the principal of a trust or another property arrangement;

(6) probate estate means property that would pass by intestate succession if the decedent died without a valid will;

(7) property includes values subject to a beneficiary designation;

(8) right to income includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement;

(9) transfer, as it relates to a transfer by or of the decedent, includes (A) an exercise or release of a presently exercisable general power of appointment held by the decedent;

(B) a lapse at death of a presently exercisable general power of appointment held by the decedent; and

(C) an exercise, release, or lapse of (i) a general power of appointment that the decedent created in the decedent; and

(ii) a power described in AS 13.12.205 (a)(2)(B) that the decedent conferred on a nonadverse party.
Alaska Stat. § 13.46.085 — AK Code / Title 13 / Chapter 13.46 / Section 13.46.085
Native corporations; custodians.
Status: reserved

(a) The stock or membership in a corporation organized under the law of this state under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) that a minor is entitled to receive under that Act shall be held by a custodian.

(b) A person making a transfer of stock, whether by gift, devise, or other method, may nominate a custodian. In the absence of a nomination, the custodian shall be determined under the order of priority set out below. The appointment becomes effective upon the corporation's receipt of the custodian's written consent to the appointment. The order of priority is:

(1) the legal guardian, if any, of the minor;

(2) a parent, if any, of the minor, as selected by the parents;

(3) an adult member of the minor's family; in this paragraph, member of the minor's family has the meaning given in AS 13.46.990 , and also includes members of a family with whom the minor has customarily lived.

(c) For good cause, a district court or the superior court may vary the order of priority set out in (b) of this section or appoint another suitable person as custodian.

(d) The custodianship is governed by this chapter, as modified by the following:

(1) [Repealed, § 12 ch 60 SLA 1992.] (2) under AS 13.46.150 , a third person is responsible for determining whether stock is inalienable under the Act;

(3) the custodian shall give an appropriate receipt for property received for the minor;

(4) the custodian may not alienate inalienable property except within the limits provided by law;

(5) the form of registration or title shall be as custodian for _____________________________________ (name of minor) under the Alaska Native Claims Settlement Act;

(6) a custodian may not receive compensation except, upon application to and approval by the superior court, for unusual and extraordinary services;

(7) custodial property includes securities, money, and other real and personal property under supervision as a consequence of the Act.

(e) Notwithstanding AS 13.46.190 , the stock shall be transferred to the minor when the minor reaches 18 years of age, or to the minor's heirs if the minor dies before reaching 18 years of age.

(f) In this section,

(1) Act means 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act);

(2) minor means an individual who is less than 18 years of age;

(3) stock means the stock or membership in a corporation that is organized under the law of this state under the Act and that a minor is entitled to receive under the Act, whether by gift, devise, or other method; stock includes inchoate rights to stock.
Alaska Stat. § 13.36.265 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.265
Reviewing compliance.
Status: in_force

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
Alaska Stat. § 13.46.020 — AK Code / Title 13 / Chapter 13.46 / Section 13.46.020
Nomination of custodian.
Status: in_force

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: as custodian for _____________________________________ (name of minor) under the Alaska Uniform Transfers to Minors Act. The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights that is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under AS 13.46.080 (a).

(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under AS 13.46.080 . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property under AS 13.46.080 .
Alaska Stat. § 13.52.193 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.193
Preclusive effect of anatomical gift, amendment, or revocation.
Status: in_force

(a) Except as otherwise provided in (g) of this section and subject to (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under AS 13.52.177 or an amendment to an anatomical gift of the donor's body or part under AS 13.52.183 .

(b) A donor's revocation of an anatomical gift of the donor's body or part under AS 13.52.183 is not a refusal and does not bar another person specified in AS 13.52.173 or 13.52.197 from making an anatomical gift of the donor's body or part under AS 13.52.177 or 13.52.203.

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under AS 13.52.177 or an amendment to an anatomical gift of the donor's body or part under AS 13.52.183 , another person may not make, amend, or revoke the gift of the donor's body or part under AS 13.52.203 .

(d) A revocation of an anatomical gift of a donor's body or part under AS 13.52.183 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under AS 13.52.177 or 13.52.203.

(e) In the absence of an express, contrary indication by the donor or another person authorized to make an anatomical gift under AS 13.52.173 , an anatomical gift of a part is not a refusal to give another part or a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or another person authorized to make an anatomical gift under AS 13.52.173 , an anatomical gift of a part for one or more of the purposes set out in AS 13.52.173 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under AS 13.52.177 or 13.52.203.

(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Alaska Stat. § 13.16.430 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.430
Compensation of personal representative.
Status: in_force

A personal representative is entitled to reasonable compensation for services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
Alaska Stat. § 13.56.160 — AK Code / Title 13 / Chapter 13.56 / Section 13.56.160
Principal's affairs.
Status: in_force

This chapter applies to decisions related to the following affairs of a principal: (1) monitoring health, obtaining, scheduling, implementing, and coordinating health and support services, understanding health care information and options, providing for care and comfort, and other health care and personal matters in which the principal makes decisions about the principal's health care;

(2) managing income and assets and the use of income and assets for clothing, support, care, comfort, education, shelter, and payment of other liabilities of the principal;

(3) handling personal, health care, and financial matters that arise in the course of daily living;

(4) monitoring information about the principal's support services, including future necessary or recommended support services;

(5) living arrangements, including where and with whom the principal wants to live; and

(6) working arrangements, including where the principal wants to work.
Alaska Stat. § 13.12.506 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.506
Choice of law as to execution.
Status: in_force

Except as provided by AS 13.06.068 , a written will is valid if executed in compliance with AS 13.12.502 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national.
Alaska Stat. § 13.56.020 — AK Code / Title 13 / Chapter 13.56 / Section 13.56.020
Eligibility of supporters.
Status: in_force

A supporter must be an adult, but may not be (1) an employer or employee of the principal, unless the employer or employee is an immediate family member of the principal;

(2) a person who provides paid support services, except decision-making assistance, directly to the principal, unless the person is an immediate family member of the principal; or

(3) a person against whom a protective order or restraining order has been entered by a court on request of or on behalf of the principal.
Alaska Stat. § 13.16.115 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.115
Informal appointment proceedings; determinations required; denial of application.
Status: in_force

(a) In informal appointment proceedings, the registrar must determine whether (1) the application for informal appointment of a personal representative is complete;

(2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

(3) the applicant appears from the application to be an interested person as defined in AS 13.06.050 ;

(4) on the basis of the statements in the application, venue is proper;

(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;

(6) any notice required by AS 13.16.070 has been given;

(7) from the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.

(b) Unless AS 13.16.300 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in AS 13.16.290 (c) has been appointed in a judicial district of this state, that, unless the applicant is the domiciliary personal representative or the personal representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.
Alaska Stat. § 13.60.120 — AK Code / Title 13 / Chapter 13.60 / Section 13.60.120
Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee.
Status: in_force

(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under AS 13.60.020 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee under AS 13.60.020 . In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.

(b) A custodial trustee who has accepted the custodial trust property may resign by (1) delivering written notice to a successor custodial trustee, if any, the beneficiary, and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any; and

(2) transferring or registering the custodial trust property, or recording an appropriate instrument relating to the custodial trust property, in the name of the successor custodial trustee identified under (c) of this section, and delivering the records to the successor custodial trustee.

(c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under the trust instrument or under AS 13.60.020 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the beneficiary's conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.

(d) If a successor custodial trustee is not designated under (c) of this section, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee.

(e) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.

(f) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief.
Alaska Stat. § 13.16.185 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.185
Formal testacy proceedings; probate of more than one instrument.
Status: in_force

If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions that work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of AS 13.16.195 .
Alaska Stat. § 13.16.500 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.500
Counterclaims.
Status: in_force

In allowing a claim the personal representative may deduct any counterclaim that the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Alaska Stat. § 13.26.680 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.680
Provisions applicable to statutory form power of attorney.
Status: reserved

(a) For purposes of AS 13.26.645  13.26.665, (1) the incapacity of a principal shall be established by affidavit stating that the principal is unable to manage property or business affairs because the principal (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance, and this impairment is the result of mental illness, mental deficiency, physical illness, physical disability, advanced age, use of drugs, chronic intoxication, or other similar medical or psychological reason, to such an extent that the principal is unable to manage the principal's property or affairs; or

(B) is (i) missing;

(ii) detained, including incarcerated in a penal system; or

(iii) outside the United States and unable to return; and

(2) if the incapacity is based on (1)(A) of this subsection, two physicians or similarly qualified medical professionals who have personally examined the principal shall sign the affidavit; however, the affidavit may be signed by only one physician or similarly qualified medical professional if only one physician or similarly qualified medical professional is available and the affidavit executed by the person states that only one physician or similarly qualified medical professional is available.

(b) A third party who relies on the reasonable representations of an agent designated under AS 13.26.645  13.26.670 as to a matter relating to a power granted by a properly executed statutory form power of attorney does not incur a liability to the principal or the principal's heirs, assigns, or estate as a result of permitting the agent to exercise the authority granted by the power of attorney.

(c) [Repealed, § 28 ch 50 SLA 2016.]
Alaska Stat. § 13.48.130 — AK Code / Title 13 / Chapter 13.48 / Section 13.48.130
Optional form of revocation.
Status: in_force

The following form may be used to create an instrument of revocation under this chapter. The provisions of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed.

(front of form)REVOCATION OF TRANSFER ON DEATH DEEDNOTICE TO OWNER This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.IDENTIFYING INFORMATION Owner or Owners Making This Revocation:____________Printed name Mailing address, if available______Marital status____________Printed name Mailing address, if available______Marital statusLegal description of the property: ___________________REVOCATION I revoke all my previous transfers of this property by transfer on death deed.SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION____________Signature Date____________Signature DateACKNOWLEDGMENT State of ______ Judicial District (or County of ______ or Municipality of ______) The foregoing instrument was acknowledged before me this (date) by (name of person who acknowledged). ___________________ Signature of Person Taking Acknowledgment ___________________ Title or Rank ___________________ Serial Number, if any(back of form)COMMON QUESTIONS ABOUT THE USE OF THIS FORMHow do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the recorder in each recording district where the property is located. The form must be acknowledged and recorded before your death or it has no effect.How do I find the legal description of the property? This information may be on the TOD deed. It may also be available in the office of the recorder in the recording district where the property is located. If you are not absolutely sure, consult a lawyer.How do I record the form? Take the completed and acknowledged form to the office of the recorder in the recording district where the property is located. Follow the instructions given by the recorder to make the form part of the official property records. If the property is located in more than one recording district, you should record the form in each of those recording districts.I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.
Alaska Stat. § 13.38.600 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.600
Allocation of property from entities.
Status: in_force

(a) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity, including reinvested cash dividends.

(b) A trustee shall allocate the following receipts from an entity to principal: (1) property other than money excluding reinvested cash dividends;

(2) money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity;

(3) money received in total or partial liquidation of the entity;

(4) money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a short-term or long-term capital gain dividend for federal income tax purposes.

(c) Money is received in partial liquidation (1) to the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(2) if the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt.

(d) Money is not received in partial liquidation, and it may not be taken into account under (c)(2) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.

(e) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors.

(f) In this section, entity means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or another organization in which a trustee has an interest, but does not include (1) a trust or estate to which AS 13.38.610 applies;

(2) a business or activity to which AS 13.38.620 applies;

(3) a payment to which AS 13.38.690 applies; or

(4) an asset-backed security to which AS 13.38.750 applies.
Alaska Stat. § 13.06.035 — AK Code / Title 13 / Chapter 13.06 / Section 13.06.035
Evidence of death or status.
Status: in_force

In addition to the Alaska Rules of Evidence, the following rules relating to a determination of death and status apply: (1) death occurs when an individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem; a determination of death shall be made under accepted medical standards;

(2) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent;

(3) a certified or authenticated copy of a record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report;

(4) in the absence of prima facie evidence of death under (2) or (3) of this section, the fact of death may be established by clear and convincing evidence, including circumstantial evidence;

(5) an individual whose death is not established under (1)  (4) of this section and who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead; the individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier;

(6) in the absence of evidence disputing the time of death stated on a document described in (2) or (3) of this section, a document described in (2) or (3) of this section that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by at least 120 hours.
Alaska Stat. § 13.12.208 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.208
Exclusions, valuation, and overlapping application.
Status: in_force

(a) The value of property is excluded from the decedent's nonprobate transfers to others (1) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property; or

(2) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.

(b) The value of property (1) included in the augmented estate under AS 13.12.205 , 13.12.206, or 13.12.207 is reduced in each category by enforceable claims against the included property; and

(2) includes the commuted value of any present or future interest and the commuted value of amounts payable under a trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of 42 U.S.C. 301  1397f (Social Security Act).

(c) In case of overlapping application to the same property of the provisions of AS 13.12.205 , 13.12.206, or 13.12.207, the property is included in the augmented estate under the provision yielding the greatest value, and under only one overlapping provision if all of the overlapping provisions yield the same value.

(d) Notwithstanding the other provisions of this section, the value of community property under AS 34.77 is not included in the augmented estate.
Alaska Stat. § 13.36.320 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.320
Nonqualified persons serving as trustees.
Status: in_force

(a) If at least one qualified person serves as trustee of a trust whose state jurisdiction provision is valid, effective, and conclusive under AS 13.36.035 (c), then the following persons also may serve as trustees even though they are not qualified persons: (1) individuals who do not reside in the state;

(2) trust companies that have their principal place of business outside the state and that are not organized under AS 06.26 ; and

(3) banks that have their principal place of business outside the state or that are not organized under AS 06.05 .

(b) Notwithstanding other provisions of law to the contrary, a trustee who is not a qualified person is not considered to be engaging in business in this state solely by reason of serving as trustee of a trust whose state jurisdiction provision is valid, effective, and conclusive under AS 13.36.035 (c).
Alaska Stat. § 13.16.450 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.450
Notice to creditors.
Status: in_force

Unless notice has already been given under this section, a personal representative upon appointment shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the judicial district announcing the appointment and address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.
Alaska Stat. § 13.27.300 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.300
Registration of guardianship orders.
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate judicial district of this state, certified copies of the order and letters of office.
Alaska Stat. § 13.36.005 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.005
Duty to register trusts.
Status: in_force

(a) The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration. Unless otherwise designated in the trust instrument, the principal place of administration of a trust is the trustee's usual place of business where the records pertaining to the trust are kept, or at the trustee's residence if the trustee has no such place of business. In the case of co-trustees, the principal place of administration, if not otherwise designated in the trust instrument, is (1) the usual place of business of the corporate trustee if there is but one corporate co-trustee; or

(2) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one such person and no corporate co-trustee; and otherwise

(3) the usual place of business or residence of any of the co-trustees as agreed upon by them.

(b) The duty to register under AS 13.36.005  13.36.025 does not apply to the trustee of a trust if registration would be inconsistent with the retained jurisdiction of a foreign court from which the trustee cannot obtain release.
Alaska Stat. § 13.16.295 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.295
Termination of appointment by removal; cause; procedure.
Status: in_force

(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in AS 13.16.275 , after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.

(b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking appointment intentionally misrepresented material facts in the proceedings leading to appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment either personally or for a nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Alaska Stat. § 13.46.190 — AK Code / Title 13 / Chapter 13.46 / Section 13.46.190
Termination of custodianship.
Status: in_force

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of the (1) minor's attainment of 21 years of age with respect to property transferred under AS 13.46.030 or 13.46.040 unless the time of transfer of the custodial property to the minor is changed under AS 13.46.195 or 13.46.197;

(2) minor's attainment of 18 years of age with respect to property transferred under AS 13.46.050 or 13.46.060, unless the time of transfer of the custodial property to the minor is changed under AS 13.46.197 ;

(3) time specified in the transfer under AS 13.46.080 if the time of transfer of the custodial property to the minor is changed under AS 13.46.195 or 13.46.197; or

(4) minor's death.
Alaska Stat. § 13.38.440 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.440
Charitable trust election.
Status: in_force

The trustee of a trust held exclusively for charitable purposes may elect to be governed by AS 13.38.440  13.38.490 unless the governing instrument expressly provides that the election provided by AS 13.38.440  13.38.490 is not available.
Alaska Stat. § 13.16.065 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.065
Priority among persons seeking appointment as personal representative.
Status: in_force

(a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(2) the surviving spouse of the decedent who is a devisee of the decedent;

(3) other devisees of the decedent;

(4) the surviving spouse of the decedent;

(5) other heirs of the decedent;

(6) 45 days after the death of the decedent, any creditor.

(b) An objection to an appointment can be made only in formal proceedings. In case of objection the priorities stated in (a) of this section apply except that (1) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;

(2) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value, or, in default of this accord, any suitable person.

(c) A person entitled to letters under (a)(2)  (5) of this section, and a person aged 18 and over who would be entitled to letters but for the person's age, may nominate a qualified person to act as personal representative. Any person aged 18 and over may renounce the right to nominate or to an appointment by appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them, or in applying for appointment.

(d) Conservators of the estates of protected persons, or if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment.

(e) Appointment of one who does not have priority, including priority resulting from renunciation or nomination determined under this section, may be made only in formal proceedings. Before appointing one without priority, the court must determine that those having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment, and that administration is necessary.

(f) No person is qualified to serve as a personal representative who is (1) under the age of 19;

(2) a person whom the court finds unsuitable in formal proceedings.

(g) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.

(h) This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator.
Alaska Stat. § 13.06.020 — AK Code / Title 13 / Chapter 13.06 / Section 13.06.020
Severability.
Status: in_force

If any provision of AS 13.06  AS 13.36 or their application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of AS 13.06  AS 13.36 that can be given effect without the invalid provision or application, and to this end the provisions of AS 13.06  AS 13.36 are declared to be severable.
Alaska Stat. § 13.06.070 — AK Code / Title 13 / Chapter 13.06 / Section 13.06.070
Venue; multiple proceedings; transfer.
Status: in_force

(a) Where a proceeding under AS 13.06  AS 13.36 could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

(b) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.

(c) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
Alaska Stat. § 13.36.170 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.170
Unenforceable oral trust created by deed.
Status: in_force

(a) When an interest in real property is conveyed by deed to a person in a trust that is unenforceable under AS 09.25.010  09.25.020 and the intended trustee or the trustee's successor in interest holds title but refuses to carry out the trust because of AS 09.25.010  09.25.020, the intended trustee or the trustee's successor in interest, except to the extent that the successor in interest is a bona fide purchaser of a legal interest in the real property, shall convey the interest in real property to the settlor or the settlor's successor in interest. A court having jurisdiction may prescribe the conditions for conveying the interest to the settlor or the settlor's successor in interest.

(b) If the intended trustee of an unenforceable trust under (a) of this section transfers part or all of the trustee's interest and the interest is transferred to a bona fide purchaser, the intended trustee is liable to the settlor or the settlor's successor in interest for the value, at the time of the transfer, of the interest transferred, less any offsets that a court determines to be equitable.
Alaska Stat. § 13.60.060 — AK Code / Title 13 / Chapter 13.60 / Section 13.60.060
General duties of custodial trustee.
Status: in_force

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by another law, except AS 13.90.010 , restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.

(c) Subject to (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.

(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is identified as required by this subsection if an appropriate instrument identifying the property is recorded, and custodial trust property subject to registration is identified as required by this subsection if it is registered, or held in an account in the name of the custodial trustee, designated in substance as custodial trustee for _____________________________________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act.

(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
Alaska Stat. § 13.70.065 — AK Code / Title 13 / Chapter 13.70 / Section 13.70.065
Disclaimer of interest by trustee.
Status: in_force

If a trustee who has the power to disclaim under a court order or under the instrument creating the fiduciary relationship disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
Alaska Stat. § 13.63.160 — AK Code / Title 13 / Chapter 13.63 / Section 13.63.160
Digital assets coverage.
Status: in_force

In this chapter, a digital asset does not apply to an underlying asset or liability unless the asset or liability is itself an electronic record. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
Alaska Stat. § 13.28.095 — AK Code / Title 13 / Chapter 13.28 / Section 13.28.095
Short title.
Status: in_force

This chapter may be cited as the Uniform Recognition of Substitute Decision-Making Documents Act.
Alaska Stat. § 13.33.225 — AK Code / Title 13 / Chapter 13.33 / Section 13.33.225
Payment to minor.
Status: in_force

If a financial institution is required or permitted to make payment under AS 13.33.201  13.33.227 to a minor designated as a beneficiary, payment may be made under AS 13.46 .
Alaska Stat. § 13.16.530 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.530
Application to trustees.
Status: in_force

Notwithstanding AS 13.16.450  13.16.525, the trustee of a trust may, under AS 13.36.368 (b)(3), take the action a personal representative may take under AS 13.16.450  13.16.525.
Alaska Stat. § 13.33.307 — AK Code / Title 13 / Chapter 13.33 / Section 13.33.307
Ownership on death of owner.
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Alaska Stat. § 13.16.460 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.460
Limitations on presentation of claims.
Status: in_force

(a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) within four months after the date of the first publication of notice to creditors if notice is given in compliance with AS 13.16.450 ; however, claims barred by the nonclaim statute at the decedent's domicile before the first publication for claims in this state are also barred in this state;

(2) within three years after the decedent's death, if notice to creditors has not been published.

(b) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) a claim based on a contract with the personal representative, within four months after performance by the personal representative is due;

(2) any other claim, within four months after it arises.

(c) Nothing in this section affects or prevents (1) any proceeding to enforce any mortgage, pledge, or lien upon property of the estate; or

(2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which there is protection through liability insurance.
Alaska Stat. § 13.38.310 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.310
Judicially approved conversion; beneficiary request for conversion.
Status: in_force

(a) A trustee may petition the court to approve the conversion to a unitrust if (1) a beneficiary timely objects to the conversion to a unitrust;

(2) there is not a sui juris beneficiary who is currently eligible under AS 13.38.300 (2)(A) or who would be eligible under AS 13.38.300 (2)(B) or (C); or

(3) the trustee is a beneficiary.

(b) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the superior court to order the conversion.

(c) The superior court shall approve the conversion or direct the requested conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust.
Alaska Stat. § 13.36.345 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.345
Modification or termination of irrevocable trusts because of unanticipated circumstances.
Status: in_force

(a) On petition by a trustee, settlor, or beneficiary, a court may modify the administrative or dispositive terms of an irrevocable trust or terminate an irrevocable trust if, because of circumstances not anticipated by the settlor, modification or termination would substantially further the settlor's purposes in creating the trust.

(b) Upon termination of a trust under this section, the trust property shall be distributed in accordance with the settlor's probable intention.
Alaska Stat. § 13.26.695 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.695
Definitions.
Status: in_force

In AS 13.26.600  13.26.695, (1) benefits from government programs or civil or military service means a benefit, a program, or assistance provided under a statute or regulation, including social security, Medicare, and Medicaid;

(2) good faith means honesty in fact;

(3) incapacity means inability of an individual to manage property or business affairs because the individual (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

(B) is (i) missing;

(ii) detained, including incarcerated in a penal system; or

(iii) outside the United States and unable to return;

(4) retirement plan means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of 26 U.S.C. (Internal Revenue Code): (A) an individual retirement account under 26 U.S.C. 408 (Internal Revenue Code), as amended;

(B) a Roth IRA under 26 U.S.C. 408A (Internal Revenue Code), as amended;

(C) an individual retirement account under 26 U.S.C. 408(q) (Internal Revenue Code), as amended;

(D) an annuity or custodial account under 26 U.S.C. 403(b) (Internal Revenue Code), as amended;

(E) a pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. 401(a) (Internal Revenue Code), as amended;

(F) a plan under 26 U.S.C. 457(b) (Internal Revenue Code), as amended; and

(G) a nonqualified deferred compensation plan under 26 U.S.C. 409A (Internal Revenue Code), as amended.

Article 6. Public Guardians.
Alaska Stat. § 13.26.031 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.031
Facility of payment or delivery.
Status: in_force

Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to (1) the minor, if the minor is married; (2) any person having the care and custody of the minor with whom the minor resides; (3) a guardian of the minor; or (4) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor. This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. The persons, other than the minor or any financial institution under (4) of this section, receiving money or property for a minor, are obligated to apply the money to the support and education of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums shall be preserved for future support of the minor and any balance not so used and any property received for the minor must be turned over to the minor when the minor attains majority. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof.
Alaska Stat. § 13.70.190 — AK Code / Title 13 / Chapter 13.70 / Section 13.70.190
Definitions.
Status: in_force

In this chapter, (1) disclaimant means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made;

(2) disclaimed interest means the interest that would have passed to the disclaimant had the disclaimer not been made;

(3) disclaimer means the refusal to accept an interest in or power over property and includes a renunciation;

(4) fiduciary means a personal representative, a trustee, an agent acting under a power of attorney, a guardian, an individual having legal custody of a minor child, or another person authorized to act as a fiduciary with respect to the property of another person;

(5) individual having legal custody of a minor child means an individual who, under the law of this state, has legal custody of a minor child as a matter of law or court decree;

(6) jointly held property (A) means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property;

(B) does not include property held as a tenancy by the entirety;

(7) person means an individual, whether the individual is ascertained or unascertained, whether the individual is living or not living, and whatever the basis, including intestacy, for the individual's being entitled to an interest in property; a corporation; a business trust; an estate; a trust; a partnership; a limited liability company; a limited liability partnership; an association; a joint venture; a government; a governmental subdivision, agency, or instrumentality; a public corporation; or any other legal or commercial entity;

(8) trust (A) means (i) an express trust, charitable or noncharitable, with additions to the express trust, whenever and however created; and

(ii) a trust created under a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust;

(B) does not include a constructive trust or a resulting trust.
Alaska Stat. § 13.16.555 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.555
Penalty clause for contest.
Status: in_force

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Alaska Stat. § 13.38.820 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.820
Discretionary allocation of expenses.
Status: in_force

Subject to AS 13.38.800 and 13.38.810, a trustee may, in the trustee's discretion, allocate to income or principal or partly to each ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including the compensation of the trustee and of a person providing investment advisory, custodial, or income tax return preparation services to the trustee.
Alaska Stat. § 13.21.065 — AK Code / Title 13 / Chapter 13.21 / Section 13.21.065
Service on foreign personal representative; time allowed for appearing or responding.
Status: in_force

(a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to the representative's last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first-class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or the decedent immediately before death.

(b) If service is made upon a foreign personal representative as provided in (a) of this section, the representative shall be allowed at least 30 days within which to appear or respond.

Article 4. Judgments and Personal Representative.
Alaska Stat. § 13.12.206 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.206
Decedent's nonprobate transfers to the surviving spouse.
Status: in_force

Excluding property passing to the surviving spouse under 42 U.S.C. 301  1397f (Social Security Act), the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including (1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;

(2) the decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and

(3) all other property that would have been included in the augmented estate under AS 13.12.205 (a)(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, the decedent's surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
Alaska Stat. § 13.38.300 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.300
Power to convert to unitrust.
Status: in_force

Unless expressly prohibited by the governing instrument, a trustee may release the power to adjust under AS 13.38.210 and may convert a trust into a unitrust as described in AS 13.38.300  13.38.435 if (1) the trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust;

(2) the trustee gives written notice of the trustee's intention to release the power to adjust, of the trustee's intention to convert the trust into a unitrust, of the unitrust percentage selected, of the smoothing period selected, and of how the unitrust will operate, including what initial decisions the trustee intends to make under AS 13.38.340 , to all the sui juris beneficiaries who (A) are currently eligible to receive income from the trust;

(B) would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of all of the beneficiaries eligible to receive income under (A) of this paragraph were to terminate immediately before the giving of the notice; and

(C) would, if a power of appointment were not exercised, receive a distribution of principal if the trust were to terminate immediately before the giving of the notice;

(3) there are at least one sui juris beneficiary under (2)(A) of this section and at least one sui juris beneficiary under (2)(B) or (C) of this section; and

(4) a sui juris beneficiary does not object to the conversion to a unitrust in a writing delivered to the trustee within 60 days after the mailing of the notice under (2) of this section.
Alaska Stat. § 13.12.916 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.916
International will; effect of certificate.
Status: in_force

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as an international will under AS 13.12.912  13.12.921. The absence or irregularity of a certificate does not affect the formal validity of a will under AS 13.12.912  13.12.921.
Alaska Stat. § 13.16.695 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.695
Small estates; closing by sworn statement of personal representative.
Status: in_force

(a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of AS 13.16.690 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that (1) to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent;

(2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled to it; and

(3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the administration to the distributees whose interests are affected.

(b) If no action or proceeding involving the personal representative is pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

(c) A closing statement filed under this section has the same effect as one filed under AS 13.16.630 .

(d) The superior court may authorize the disposal in a manner it prescribes of personal property which has not been disposed of under this section by the end of six months if no heirs or claimants have been located.
Alaska Stat. § 13.52.267 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.267
Uniformity of application and construction.
Status: in_force

In applying and construing AS 13.52.173  13.52.263, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Alaska Stat. § 13.16.510 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.510
Compromise of claims.
Status: in_force

When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
Alaska Stat. § 13.26.276 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.276
Other reports.
Status: in_force

(a) A guardian shall submit a report to the court at least annually. In addition, every third year, the court shall appoint a visitor to file a report reviewing the guardianship during the period since the last visitor's report, if any. The guardian shall submit an additional report to the court when (1) the court orders it;

(2) there is a significant change in the capacity of the ward to meet the essential requirements for health and safety or to protect the ward's rights;

(3) the guardian resigns or is removed;

(4) the guardianship is terminated; or

(5) the ward requests it.

(b) The report of the guardian must contain, but is not limited to, the following information: (1) the name and address of the ward and the guardian;

(2) the ward's present mental, physical, and social conditions and present living arrangements and the ward's opinion of these arrangements;

(3) changes in the capacity of the ward to meet essential requirements for physical health and safety;

(4) the services being provided to the ward;

(5) the significant actions taken by the guardian during the reporting period in regard to the ward;

(6) a financial accounting of the estate that has been subject to the possession or control of the guardian;

(7) a list of the number and nature of the contacts between the guardian and ward if the ward does not reside with the guardian;

(8) any other information requested by the court or necessary or desirable in the opinion of the guardian.

(c) The visitor report required by (a) of this section must include (1) the name and address of the ward and the guardian;

(2) the services being provided to the ward by or through the guardian;

(3) the significant actions taken by the guardian during the reporting period in regard to the ward;

(4) a financial accounting of the estate that has been subject to the possession or control of the guardian;

(5) a list of the number and nature of the contacts between the conservator and the ward if the ward does not reside with the guardian;

(6) any other information requested by the court or necessary or desirable in the opinion of the visitor.
Alaska Stat. § 13.36.105 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.105
Powers attached to the office of trustee.
Status: in_force

Unless otherwise provided by the trust instrument, an amendment of the trust instrument, or a court order, the powers of a trustee are attached to the office and are not personal.
Alaska Stat. § 13.63.100 — AK Code / Title 13 / Chapter 13.63 / Section 13.63.100
Disclosure of other digital assets held in trust when trustee not original user.
Status: in_force

Unless otherwise ordered by the superior court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian (1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the trust instrument or a certification of the trust under AS 13.36.079 ;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian, (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(B) evidence linking the account to the trust.
Alaska Stat. § 13.33.211 — AK Code / Title 13 / Chapter 13.33 / Section 13.33.211
Ownership during lifetime.
Status: in_force

(a) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.

(b) A beneficiary in an account having a POD designation does not have a right to sums on deposit during the lifetime of any party.

(c) An agent in an account with an agency designation does not have a beneficial right to sums on deposit.

(d) In this section, net contribution of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
Alaska Stat. § 13.36.225 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.225
Prudent investor rule.
Status: in_force

(a) Except as otherwise provided in (b) of this section and AS 13.36.273 , a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set out in AS 13.36.230  13.36.290.

(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the direction of the settlor to the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
Alaska Stat. § 13.50.190 — AK Code / Title 13 / Chapter 13.50 / Section 13.50.190
Definitions.
Status: in_force

In this chapter, (1) department means the Department of Administration;

(2) donation means a monetary donation made under AS 13.50.150 ;

(3) donor has the meaning given in AS 13.52.268 ;

(4) fund means the anatomical gift awareness fund established under AS 13.50.160 ;

(5) gift means an anatomical gift; in this paragraph, anatomical gift has the meaning given in AS 13.52.390 ;

(6) motor vehicle or identification document means (A) a motor vehicle registration, a driver's license, or an instruction permit, or a renewal of the registration, license, or permit; or

(B) an identification card issued under AS 18.65.310 ;

(7) part has the meaning given in AS 13.52.390 ;

(8) procurement organization has the meaning given in AS 13.52.268 ;

(9) reasonable costs includes the cost of (A) computer programming and installing software and software upgrades;

(B) employee training that is specific to a registry or the donation program established under AS 13.50.150 ;

(C) producing literature that is specific to a registry or the donation program established under AS 13.50.150 ; and

(D) making hardware upgrades or handling other issues for a registry or the donation program established under AS 13.50.150 ;

(10) registry means a donor registry established under AS 13.50.110 ;

(11) registry information means information obtained under AS 13.50.100 ;

(12) state means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Alaska Stat. § 13.36.071 — AK Code / Title 13 / Chapter 13.36 / Section 13.36.071
Accepting or rejecting trusteeship.
Status: in_force

(a) Except as otherwise provided in (c) or (d) of this section, a person designated as a trustee accepts the trusteeship (1) by substantially complying with a method of acceptance provided by the terms of the trust; or

(2) if the terms of the trust do not provide a method, or the method provided in the terms of the trust is not expressly made exclusive, and except as otherwise provided by the trust instrument, by accepting delivery of the trust property, exercising powers as a trustee, performing duties as a trustee, or otherwise indicating acceptance of the trusteeship.

(b) A person designated as a trustee who has not yet accepted the trusteeship may reject the trusteeship. A person designated as a trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is considered to have rejected the trusteeship.

(c) A person designated as a trustee, without accepting the trusteeship, may act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary.

(d) A person designated as a trustee, without accepting the trusteeship, may inspect or investigate trust property to determine potential liability under environmental or other law or for another purpose.
Alaska Stat. § 13.60.140 — AK Code / Title 13 / Chapter 13.60 / Section 13.60.140
Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
Status: in_force

(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property (1) once each year;

(2) upon request at reasonable times by the beneficiary or the beneficiary's legal representative;

(3) upon resignation or removal of the custodial trustee; and

(4) upon termination of the custodial trust.

(b) The statements under (a) of this section shall be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.

(c) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.

(d) A successor custodial trustee may petition the court for an accounting by a previous custodial trustee.

(e) In an action or proceeding under this chapter or in another proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.

(f) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.

(g) On petition of the custodial trustee or a person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
Alaska Stat. § 13.52.135 — AK Code / Title 13 / Chapter 13.52 / Section 13.52.135
Discriminatory treatment prohibited.
Status: in_force

When determining the best interest of a patient under this chapter, health care treatment may not be denied to a patient because the patient has a disability or is expected to have a disability.
Alaska Stat. § 13.26.450 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.450
Ex parte protective orders.
Status: in_force

(a) A person who is allowed to file a petition for a protective order under AS 13.26.415 (a) may file a petition for an ex parte protective order against a person other than the protected person. A petition filed on behalf of a protected person by a person other than the protected person must be accompanied by proof of service of the petition on the protected person or the person's attorney unless service would cause an immediate threat of harm to the best interests of the protected person and the petition includes a written explanation of the harm. If the court finds that the petition establishes probable cause that the respondent is financially defrauding the petitioner or a person for whose benefit the petitioner filed the petition and that, because of the fraud, there has been or is an immediate threat of a waste or dissipation of the proposed protected person's funds or other property, the court shall ex parte and without notice to the respondent issue a protective order. The petitioner shall certify to the court in writing any effort that the petitioner made to provide notice to the respondent.

(b) An ex parte protective order under this section may (1) grant any protection described in AS 13.26.435 ;

(2) supersede an existing power of attorney;

(3) prohibit the respondent from having any direct or indirect contact with the petitioner or other person for whose benefit the petitioner filed the petition; and

(4) prohibit the respondent from taking any act with respect to the funds or other property of the petitioner or other person for whose benefit the petitioner filed the petition.

(c) An ex parte protective order expires 20 days after it is issued, unless dissolved earlier by the court at the request of the petitioner or respondent and after notice and, if requested, a hearing, or on the earlier appointment of a temporary or permanent conservator.
Alaska Stat. § 13.56.150 — AK Code / Title 13 / Chapter 13.56 / Section 13.56.150
Capability and capacity.
Status: in_force

(a) In the application of this chapter, a decision that a principal is incapable of managing the principal's affairs may not be based on the manner in which the principal communicates with others.

(b) An adult who enters into a supported decision-making agreement may act without the decision-making assistance of the supporter.

(c) A person may not use the execution of a supported decision-making agreement as evidence that the principal does not have capacity.

(d) In this chapter, a principal is considered to have capacity even if the capacity is achieved by the principal receiving decision-making assistance.
Alaska Stat. § 13.16.515 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.515
Encumbered assets.
Status: in_force

If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part of it, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of a lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
Alaska Stat. § 13.16.685 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.685
Effect of affidavit.
Status: in_force

The person paying, delivering, transferring, or issuing personal property or the evidence of it under affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of it or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of it, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to it. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for it to any personal representative of the estate or to any other person having a superior right.
Alaska Stat. § 13.26.430 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.430
Procedure concerning hearing and order on original petition.
Status: in_force

(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 years of age or older. A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem.

(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of the person's own choice, the court must appoint a lawyer to represent the person. If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.

(c) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.

(d) The court shall investigate alternatives to a conservator and the use of a special conservator as provided in AS 13.26.440 (c). A conservator may be appointed only if a less restrictive protective order or the services of a special conservator are not adequate to protect the estate of the protected person. The court shall, to the extent possible, consult with the protected person in determining what action should be taken.
Alaska Stat. § 13.26.655 — AK Code / Title 13 / Chapter 13.26 / Section 13.26.655
Completion of statutory form power of attorney.
Status: reserved

(a) [Repealed, § 28 ch 50 SLA 2016.] (b) Special provisions and limitations may be imposed on the statutory form power of attorney only if they conform to the requirements of AS 13.26.670 .
Alaska Stat. § 13.12.708 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.708
Class gifts to descendants, issue, or heirs of the body; form of distribution if none specified.
Status: in_force

If a class gift in favor of descendants, issue, or heirs of the body does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
Alaska Stat. § 13.16.680 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.680
Collection of personal property by affidavit.
Status: in_force

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that (1) the entire estate, wherever located, less liens and encumbrances, consists only of not more than (A) vehicles subject to registration under AS 28.10.011 with a total value that does not exceed $100,000; and

(B) personal property, other than vehicles described in (A) of this paragraph, that does not exceed $50,000;

(2) 30 days have elapsed since the death of the decedent;

(3) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

(4) the claiming successor is entitled to payment or delivery of the property.

(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in (a) of this section.
Alaska Stat. § 13.27.320 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.320
Effect of registration.
Status: in_force

(a) On registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed on nonresident parties.

(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.

Article 5. Miscellaneous Provisions.
Alaska Stat. § 13.38.800 — AK Code / Title 13 / Chapter 13.38 / Section 13.38.800
Mandatory disbursements from income.
Status: in_force

A trustee shall make the following disbursements from income: (1) interest, except interest on taxes described in AS 13.38.810 (a)(7);

(2) ordinary repairs;

(3) real estate and other regularly recurring taxes assessed against principal;

(4) recurring premiums on fire or other insurance covering the loss of a principal asset or the loss of income from or use of the asset.
Alaska Stat. § 13.63.140 — AK Code / Title 13 / Chapter 13.63 / Section 13.63.140
Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Alaska Stat. § 13.16.345 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.345
Priority among different letters.
Status: in_force

A person to whom general letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
Alaska Stat. § 13.12.501 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.501
Who may make will.
Status: in_force

An individual 18 or more years of age who is of sound mind may make a will.
Alaska Stat. § 13.33.308 — AK Code / Title 13 / Chapter 13.33 / Section 13.33.308
Protection of registering entity.
Status: in_force

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by AS 13.33.301  13.33.310.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in AS 13.33.301  13.33.310.

(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with AS 13.33.307 and does so in good faith reliance on (1) the registration;

(2) AS 13.33.301  13.33.310; and

(3) information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity.

(d) The protections of AS 13.33.301  13.33.310 do not extend to a reregistration or payment made after a registering entity has received written notice from a claimant to any interest in the security objecting to implementation of a registration in beneficiary form. Other notice or other information available to the registering entity does not affect its right to protection under AS 13.33.301  13.33.310.

(e) The protection provided by AS 13.33.301  13.33.310 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Alaska Stat. § 13.12.907 — AK Code / Title 13 / Chapter 13.12 / Section 13.12.907
Honorary trusts; trusts for pets.
Status: in_force

(a) Subject to (c) of this section, a trust may be performed by the trustee for 21 years but not longer, whether or not the terms of the trust contemplate a longer duration, if (1) the trust is for a specific lawful, noncharitable purpose or for a lawful, noncharitable purpose to be selected by the trustee; and

(2) there is not a definite or definitely ascertainable beneficiary designated.

(b) Except as otherwise provided by this subsection and (c) of this section, a trust for the care of a designated domestic or pet animal is valid. The trust terminates when a living animal is not covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this subsection, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.

(c) In addition to the provisions of (a) or (b) of this section, a trust covered by either of those subsections is subject to the following provisions: (1) except as expressly provided otherwise in the trust instrument, a portion of the principal or income may not be converted to the use of the trustee or to a use other than for the trust's purposes or for the benefit of a covered animal;

(2) upon termination, the trustee shall transfer the unexpended trust property in the following order: (A) as directed in the trust instrument;

(B) if the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will; and

(C) if a taker is not produced by the application of (A) or (B) of this paragraph, to the transferor's heirs under AS 13.12.711 ;

(3) for the purposes of AS 13.12.707 , the residuary clause is treated as creating a future interest under the terms of a trust;

(4) the intended use of the principal or income may be enforced by an individual designated for that purpose in the trust instrument or, if none, by an individual appointed by a court upon application to the court by an individual;

(5) except as ordered by the court or required by the trust instrument, a filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is not required by reason of the existence of the fiduciary relationship of the trustee;

(6) a court may reduce the amount of the property transferred, if it determines that amount substantially exceeds the amount required for the intended use; the amount of the reduction, if any, passes as unexpended trust property under (2) of this subsection;

(7) if a trustee is not designated or a designated trustee is not willing or able to serve, a court shall name a trustee; a court may order the transfer of the property to another trustee, if required to assure that the intended use is carried out and if a successor trustee is not designated in the trust instrument or if a designated successor trustee does not agree to serve or is unable to serve; a court may also make other orders and determinations as are advisable to carry out the intent of the transferor and the purpose of this section.
Alaska Stat. § 13.16.010 — AK Code / Title 13 / Chapter 13.16 / Section 13.16.010
Necessity of order of probate for will.
Status: in_force

Except as provided in AS 13.16.680 , to be effective to prove the transfer of property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar or by an adjudication of probate by the court.
Alaska Stat. § 13.48.190 — AK Code / Title 13 / Chapter 13.48 / Section 13.48.190
Definitions.
Status: in_force

In this chapter, (1) beneficiary means a person who receives property under a transfer on death deed;

(2) designated beneficiary means a person designated to receive property in a transfer on death deed;

(3) joint owner means an individual who is a tenant by the entirety, who is an owner of community property with a right of survivorship, or who otherwise owns property concurrently with one or more other individuals with a right of survivorship, but does not include an individual who is a tenant in common or other owner of community property without a right of survivorship or who is a joint tenant, other than an individual who is a tenant by the entirety;

(4) person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(5) property means an interest in real property located in this state which is transferable on the death of the owner;

(6) transfer on death deed means a deed authorized under this chapter;

(7) transferor means an individual who makes a transfer on death deed.
Alaska Stat. § 13.27.110 — AK Code / Title 13 / Chapter 13.27 / Section 13.27.110
Jurisdiction.
Status: in_force

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if (1) this state is the respondent's home state;

(2) on the date the petition is filed, this state is a significant-connection state, and (A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes an appointment or issues an order, (i) a petition for an appointment or order is not filed in the respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set out in AS 13.27.140 ;

(3) this state does not have jurisdiction under either (1) or (2) of this section and the respondent's home state and all significant-connection states have declined to exercise jurisdiction under AS 13.27.140 because (A) this state is the more appropriate forum; and

(B) jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4) the requirements for special jurisdiction under AS 13.27.120 are met.