reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 4. Exempt Property and Allowances. › Sec. 13.12.403. Exempt property.

In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $10,000 in excess of security interests in the items, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $10,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. These rights are in addition to a benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective share.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 4. Exempt Property and Allowances. › Sec. 13.12.404. Family allowance.

(a) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. The allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise it is payable to the children, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.
(b) The family allowance is not chargeable against a benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of a person entitled to family allowance terminates the right to allowances not yet paid.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 4. Exempt Property and Allowances. › Sec. 13.12.405. Source, determination, and documentation.

(a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $18,000 or periodic installments not exceeding $1,500 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or an interested person aggrieved by a selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
(b) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under AS 13.12.212(b).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.501. Who may make will.

An individual 18 or more years of age who is of sound mind may make a will.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.502. Execution; witnessed wills; holographic wills.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.505. Who may witness.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.506. Choice of law as to execution.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.507. Revocation by writing or by act.

(a) A will or a part of a will is revoked
(1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(2) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction; in this paragraph, “revocatory act on the will” includes burning, tearing, canceling, obliterating, or destroying the will or any part of it; a “revocatory act on the will” includes a burning, tearing, or canceling whether or not the burn, tear, or cancellation touched any of the words on the will.
(b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(c) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.508. Revocation by change of circumstances.

Except as provided in AS 13.12.803 and 13.12.804, a change of circumstances does not revoke a will or a part of it.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.509. Revival of revoked will.

(a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under AS 13.12.507(a)(2), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
(b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under AS 13.12.507(a)(2), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
(c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.510. Incorporation by reference.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.511. Testamentary additions to trusts.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.512. Events of independent significance.

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is an event covered by this section.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.513. Separate writing identifying devise of certain types of tangible personal property.

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that does not have significance apart from its effect on the dispositions made by the will.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.514. Contracts concerning succession.

(a) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1997, may be established only by
(1) provisions of a will stating material provisions of the contract;
(2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(3) a writing signed by the decedent evidencing the contract.
(b) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.515. Deposit of will with court in testator's lifetime.

A will may be deposited by the testator or the testator's agent with a court for safekeeping, under rules of the court. During the testator's lifetime, the will must be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be kept confidential and on deposit after the examination.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.516. Duty of custodian of will; liability.

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if the person with custody does not know of a person able to secure the will's probate, to an appropriate court. A person who wilfully fails to deliver a will is liable to a person aggrieved for any damages that may be sustained by the failure. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 5. Wills, Will Contracts, and Custody and Deposit of Wills. › Sec. 13.12.517. Penalty clause for contest.

A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.530. Establishment of will validity before death.

A testator, a person who is nominated in a will to serve as a personal representative, or, with the testator's consent, an interested party may petition the court to determine before the testator's death that the will is a valid will subject only to subsequent revocation or modification.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.535. Establishment of trust validity before death.

If at least one of the trustees of a trust is a qualified person, the settlor or a trustee of the trust may petition the court to determine before the settlor's death that the trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.540. Venue.

(a) The venue for a petition under AS 13.12.530 is
(1) the judicial district of this state where the testator is domiciled; or
(2) if the person who executed the will is not domiciled in this state, any judicial district of this state.
(b) The venue for a petition under AS 13.12.535 is the judicial district where the trust is registered. The venue for proceedings involving a trust that is not registered in this state is
(1) any place in this state where the trust could have been properly registered; or
(2) the location established by the rules of court.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.545. Contents of petition for will validity.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.550. Contents of petition for trust validity.

(a) A petition for trust validity under AS 13.12.535 must contain
(1) a statement that a copy of the trust has been filed with the court;
(2) a statement that the trust is in writing and was signed by the settlor;
(3) a statement that the trust was executed with the intent that it be enforceable in accordance with its terms;
(4) a statement that the settlor had the legal capacity to enter into and establish the trust;
(5) a statement that the settlor was free from undue influence and duress and executed the trust in the exercise of free will;
(6) a statement that execution of the trust was not the result of fraud or mistake;
(7) the names and addresses of the settlor, the settlor's spouse, the settlor's children, the settlor's heirs, and the parties in interest;
(8) the ages of the settlor's children, the settlor's heirs, and the parties in interest who are minors so far as known or ascertainable with reasonable diligence by the petitioner;
(9) a statement that the trust has not been revoked or modified; and
(10) a statement that the settlor is familiar with the contents of the trust.
(b) In this section, “party in interest” has the meaning given in AS 13.36.390.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.555. Declaration by court.

The court may declare a will or trust to be valid and make other findings of fact and conclusions of law that are appropriate under the circumstances. After the testator's death, unless the will is modified or revoked after the declaration, the will has full legal effect as the instrument of the disposition of the testator's estate and shall be admitted to probate upon request.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.560. Binding effect of declaration.

A person, whether the person is known, unknown, born, or not born at the time of a proceeding under AS 13.12.530 - 13.12.590, including a person who is represented by another person under AS 13.06.120, is bound by the declaration under AS 13.12.555 even if, by the time of the testator's death, the representing person has died or would no longer be able to represent the person represented in the proceeding under AS 13.12.530 - 13.12.590.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.565. Hearing and notice.

(a) After the petition under AS 13.12.530 or 13.12.535 is filed, the court shall fix a time and place for a hearing. The petitioner shall notify the spouse, the children, and the heirs of the testator or settlor in the manner established by AS 13.06.110.
(b) In addition to the notice required by (a) of this section, in proceedings involving a petition under AS 13.12.530, the petitioner shall notify the testator, the personal representatives nominated in the will, and the devisees under the will in the manner established by AS 13.06.110.
(c) In addition to the notice required by (a) of this section, in proceedings involving a petition under AS 13.12.535, the petitioner shall notify the settlor and the parties in interest in the manner established by AS 13.06.110. Notice may be given to other persons. In this subsection, “party in interest” has the meaning given in AS 13.36.390.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.570. Burden of proof.

A petitioner under AS 13.12.530 or 13.12.535 has the burden of establishing prima facie proof of the execution of the will or trust. A person who opposes the petition has the burden of establishing the lack of testamentary intent, lack of capacity, undue influence, fraud, duress, mistake, or revocation. A party to the proceeding has the ultimate burden of persuasion as to the matters for which the party has the initial burden of proof.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.575. Change to will after declaration.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.580. Change to trust after declaration.

After a declaration of validity under AS 13.12.555, a trust may be modified, terminated, revoked, or reformed under AS 13.36.340 - 13.36.365, or another applicable law.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.585. Confidentiality.

(a) A notice of the filing of a petition under AS 13.12.530 - 13.12.580, a summary of all formal proceedings under AS 13.12.530 - 13.12.580, and a dispositional order or a modification or termination of a dispositional order relating to a proceeding under AS 13.12.530 - 13.12.580 shall be available for public inspection. Except as provided in (b) and (c) of this section, all other information contained in the court records relating to a proceeding under AS 13.12.530 - 13.12.580 is confidential.
(b) The records that are confidential under (a) of this section may be made available to
(1) the petitioner and the petitioner's attorney;
(2) interested persons who have appeared in the proceedings, interested persons who have otherwise submitted to the jurisdiction of the court, and the attorneys, guardians, and conservators of the interested persons;
(3) the judge hearing or reviewing the matter; and
(4) a member of the clerical or administrative staff of the court if access is essential for authorized internal administrative purposes.
(c) For good cause shown, the court may order the records that are confidential under (a) of this section to be made available to a person who is not listed in (b) of this section.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 6. Establishment of Will and Trust Validity before Death. › Sec. 13.12.590. Definitions.

In AS 13.12.530 - 13.12.590,
(1) “qualified person” has the meaning given in AS 13.36.390;
(2) “testator” means a person who executes a will as a testator;
(3) “trust” means a revocable or irrevocable trust.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.601. Scope.

Except as provided in AS 13.06.068, in the absence of a finding of a contrary intention, the rules of construction in AS 13.12.601 - 13.12.609 control the construction of a will.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.602. Will may pass all property and after-acquired property.

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.604. Failure of testamentary provision.

(a) Except as provided in AS 13.12.603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(b) Except as provided in AS 13.12.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.605. Increase in securities; accessions.

(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities that are owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and that are securities of
(1) the same organization acquired by reason of action initiated by the organization or a successor, related, or acquiring organization, excluding securities acquired by exercise of purchase options;
(2) another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or a successor, related, or acquiring organization; or
(3) the same organization acquired as a result of a plan of reinvestment.
(b) Distributions in cash before death with respect to a described security are not part of the devise.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.606. Nonademption of specific devises.

(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and
(1) any amount of a condemnation award for the taking of the property unpaid at death;
(2) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property; and
(3) property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for the specifically devised obligation.
(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
(c) The right of a specific devisee under (b) of this section is reduced by any right the devisee has under (a) of this section.
(d) For the purposes of the references in (b) of this section to a conservator, (b) of this section does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.
(e) For the purposes of the references in (b) of this section to an agent acting within the authority of a durable power of attorney for an incapacitated principal,
(1) “incapacitated principal” means a principal who is an incapacitated person;
(2) adjudication of incapacity before death is not necessary; and
(3) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.607. Nonexoneration.

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.608. Exercise of power of appointment.

In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if
(1) the power is a general power and the creating instrument does not contain a gift if the power is not exercised; or
(2) the testator's will manifests an intention to include the property subject to the power.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 7. Rules of Construction Applicable Only to Wills. › Sec. 13.12.609. Ademption by satisfaction.

(a) Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if
(1) the will provides for deduction of the gift;
(2) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(3) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying AS 13.12.603 and 13.12.604, unless the testator's contemporaneous writing provides otherwise.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.701. Scope.

In the absence of a finding of a contrary intention, the rules of construction in AS 13.12.701 - 13.12.711 control the construction of a governing instrument. The rules of construction in AS 13.12.701 - 13.12.711 apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type of provision or governing instrument.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.703. Choice of law as to meaning and effect of governing instrument.

(a) The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in AS 13.12.201 - 13.12.214, the provisions relating to exempt property and allowances described in AS 13.12.401 - 13.12.405, or other public policy of this state otherwise applicable to the disposition.
(b) The provisions of (a) of this section are subject to AS 13.06.068.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.704. Power of appointment; meaning of specific reference requirement.

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.705. Class gifts; terms of relationship.

(a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as “uncles,” “aunts,” “nieces,” or “nephews,” are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as “brothers,” “sisters,” “nieces,” or “nephews,” are construed to include both types of relationships.
(b) In addition to the requirements of (a) of this section, in construing a dispositive provision of a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that natural parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that natural parent's parent, brother, sister, spouse, or surviving spouse.
(c) In addition to the requirements of (a) of this section, in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.708. Class gifts to “descendants,” “issue,” or “heirs of the body”; form of distribution if none specified.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.709. Distribution by representation, per capita at each generation, and per stirpes.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.710. Worthier-title doctrine abolished.

The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's “heirs,” “heirs at law,” “next of kin,” “distributees,” “relatives,” or “family,” or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 12. Intestacy, Wills, and Donative Transfers › Article 8. Rules of Construction Applicable to Wills and Other Governing Instruments. › Sec. 13.12.711. Interests in heirs and other persons.

If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's “heirs,” “heirs at law,” “next of kin,” “relatives,” or “family,” or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.