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2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.040. Transfer authorized by will or trust.

(a) A personal representative or trustee may make an irrevocable transfer under AS 13.46.080 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under AS 13.46.020 to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under AS 13.46.020, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under AS 13.46.080(a).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.050. Other transfer by fiduciary.

(a) Subject to (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under AS 13.46.080, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor under AS 13.46.080.
(c) A transfer under (a) or (b) of this section may be made only if
(1) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust, agreement, or other governing instrument; and
(3) the transfer is authorized by the court if it exceeds $25,000 in value.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.060. Transfer by obligor.

(a) Subject to (b) and (c) of this section, a person not subject to AS 13.46.040 or 13.46.050 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor under AS 13.46.080.
(b) If a person having the right to do so under AS 13.46.020 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If a custodian has not been nominated under AS 13.46.020, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $5,000 in value.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.070. Receipt for custodial property.

A written receipt by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under this chapter.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.085. Native corporations; custodians.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.090. Single custodianship.

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.100. Validity and effect of transfer.

(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by
(1) failure of the transferor to comply with AS 13.46.080(c) concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under AS 13.46.080(a); or
(3) death or incapacity of a person nominated under AS 13.46.020 or designated under AS 13.46.080 as custodian or the disclaimer of the office by that person.
(b) A transfer made under AS 13.46.080 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to a third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.110. Care of custodial property.

(a) A custodian shall
(1) take control of custodial property;
(2) register or record title to custodial property if appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute, except AS 13.90.010, restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on
(1) the life of the minor only if the minor or the minor's estate is the sole beneficiary; or
(2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for _____________________________________ (name of minor) under the Alaska Uniform Transfers to Minors Act.”
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.120. Powers of custodian.

(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of AS 13.46.110.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.130. Use of custodial property.

(a) A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to
(1) the duty or ability of the custodian personally or of another person to support the minor; or
(2) other income or property of the minor that may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect an obligation of a person to support the minor.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.140. Custodian's expenses, compensation, and bond.

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under AS 13.46.030, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in AS 13.46.170(f), a custodian is not required to give a bond.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.150. Exemption of third person from liability.

A third person in good faith and without court order may act on the instructions of or otherwise deal with a person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining
(1) the validity of the purported custodian's designation;
(2) the propriety of, or the authority under this chapter for, an act of the purported custodian;
(3) the validity or propriety under this chapter of an instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) the propriety of the application of property of the minor delivered to the purported custodian.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.160. Liability to third persons.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.180. Accounting by and determination of liability of custodian.

(a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court for
(1) an accounting by the custodian or the custodian's legal representative; or
(2) a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under AS 13.46.160 to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this chapter or in another proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under AS 13.46.170(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.190. Termination of custodianship.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.197. Extension of custodial term by custodian.

(a) A custodian may extend the custodial term under this section to an age older than the age that is specified by this chapter or a transferring document made under AS 13.46.080, subject to the right of the minor to compel immediate distribution under (c) of this section.
(b) To extend the custodial term under (a) of this section, the custodian shall give the minor written notice of the custodian's intent to extend the custodial term. The notice must specify the duration of the extension by indicating the new custodial term and must inform the minor of the minor's right to compel immediate distribution under (c) of this section. The custodian shall give the notice during the later of the following periods:
(1) the six-month period that precedes the last day of the custodial term; or
(2) the six-month period that begins on the minor's 18th birthday.
(c) Rather than permit the extension of the custodial term, the minor may compel immediate distribution of all or part of the custodial property by giving written notice to the custodian
(1) during the six-month period that begins on the day that is the last day of the current custodial term; or
(2) within 90 days after receiving the custodian's notice under (b) of this section.
(d) If a minor does not exercise the minor's right to compel distribution under (c) of this section, the custodial term shall be extended as indicated in the custodian's notice given under (b) of this section, and the minor may not compel the immediate distribution of custodial property before the end of the custodial term, as extended.
(e) A custodian may extend the custodial term more than once under this section.
(f) In this section, “custodial term” means the time provided in or allowed by this chapter during which the custodian is directed to hold custodial property until the property is transferred to the minor.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.200. Applicability.

This chapter applies to a transfer within the scope of AS 13.46.010 made after December 31, 1990, if the
(1) transfer purports to have been made under the Alaska Uniform Gifts to Minors Act; or
(2) instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of another state, and the application of this chapter is necessary to validate the transfer.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.210. Effect on existing custodianships.

(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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.220. Uniformity of application and construction.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 46. Alaska Uniform Transfers to Minors Act › Sec. 13.46.990. Definitions.

In this chapter,
(1) “adult” means an individual who has attained the age of 18 years;
(2) “benefit plan” means an employer's plan for the benefit of an employee or partner;
(3) “broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others;
(4) “conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions;
(5) “court” means the superior court;
(6) “custodial property” means
(A) an interest in property transferred to a custodian under this chapter; and
(B) the income from and proceeds of that interest in property;
(7) “custodian” means a person designated under AS 13.46.080 or a successor or substitute custodian designated under AS 13.46.170;
(8) “financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law;
(9) “legal representative” means an individual's personal representative or conservator;
(10) “member of the minor's family” means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;
(11) “minor” means an individual who has not attained the age of 18 years, except that, when used in reference to the beneficiary for whose benefit custodial property is held or to be held, “minor” means an individual who has not attained the age at which the custodian is required under AS 13.46.190, 13.46.195, and 13.46.197 to transfer the custodial property to the beneficiary;
(12) “personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions;
(13) “state” includes a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;
(14) “transfer” means a transaction that creates custodial property under AS 13.46.080;
(15) “transferor” means a person who makes a transfer under this chapter;
(16) “trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.045. When certain deeds void; challenges to deed.

(a) A transfer on death deed or an instrument revoking a transfer on death deed is void if it is obtained by fraud, duress, or undue influence.
(b) A proceeding must be commenced within 12 months after the transferor's death to
(1) contest the capacity of the transferor; or
(2) determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was obtained by fraud, duress, or undue influence.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.050. Requirements.

A transfer on death deed
(1) except as otherwise provided in (2) and (3) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;
(2) must state that the transfer to the designated beneficiary is to occur at the transferor's death;
(3) may not use a beneficiary designation that only identifies beneficiaries as members of a class; a transfer on death deed that uses a beneficiary designation that only identifies beneficiaries as members of a class is void; and
(4) must be recorded before the transferor's death in the public records in the office of the recorder in the recording district where the property is located.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.060. Notice, delivery, acceptance, consideration not required.

A transfer on death deed is effective without
(1) notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life; or
(2) consideration.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.070. Revocation by instrument authorized; revocation by act not permitted.

(a) Subject to (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument
(1) is one of the following:
(A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(B) an instrument of revocation that expressly revokes the deed or part of the deed;
(C) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; or
(D) to the extent of the interest transferred by the inter vivos deed, an inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed; and
(2) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the recording district where the deed is recorded.
(b) If a transfer on death deed is made by more than one transferor,
(1) revocation by a transferor does not affect the deed as to the interest of another transferor; and
(2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.
(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(d) This section does not limit the effect of an inter vivos transfer of the property.
(e) If a recorded power of attorney or the transfer on death deed expressly grants a designated agent of the transferor the power to revoke a transfer on death deed, the designated agent may revoke the transfer on death deed as provided in this section.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.080. Effect of transfer on death deed during transferor's life.

During a transferor's life, a transfer on death deed does not
(1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
(3) affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4) affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
(5) create a legal or equitable interest in favor of the designated beneficiary; or
(6) subject the property to claims or process of a creditor of the designated beneficiary.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.090. Effect of transfer on death deed at transferor's death.

(a) Except as otherwise provided in the transfer on death deed, in this section, or in AS 13.12.203, 13.12.702, 13.12.803, or 13.12.804, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(1) subject to (2) of this subsection, the interest in the property is transferred to the designated beneficiary under the deed;
(2) the interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor; the interest of a designated beneficiary that fails to survive the transferor lapses;
(3) subject to (4) and (5) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship;
(4) if the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property and if the transferor has not named an alternate designated beneficiary under (5) of this subsection for the share of a designated beneficiary that lapses or fails for any reason, the lapsing or failing share is transferred to the other remaining designated beneficiaries in proportion to the interest of each remaining beneficiary in the remaining part of the property held concurrently;
(5) the transferor may identify one or more alternate designated beneficiaries to take the share of a designated beneficiary that lapses or fails for any reason.
(b) Subject to AS 40.17, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this subsection and AS 40.17, the recording of the transfer on death deed is considered to have occurred at the transferor's death.
(c) If a transferor is a joint owner and is
(1) survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or
(2) the last surviving joint owner, the transfer on death deed is effective.
(d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.110. Liability for creditor claims and statutory allowances.

(a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate, the costs of administration of the estate, or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed.
(b) If more than one property is transferred by one or more transfer on death deeds, the liability under (a) of this section is apportioned among the properties in proportion to their net values at the transferor's death.
(c) A proceeding to enforce the liability under this section must be commenced not later than 12 months after the transferor's death. A proceeding to enforce the liability under (a) of this section may not be commenced unless the personal representative of the transferor's estate has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a child of the decedent.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.130. Optional form of revocation.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.150. Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.160. Relationship to Electronic Signatures in Global and National Commerce Act.

The provisions of this chapter modify, limit, and supersede 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), but do not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 48. Uniform Real Property Transfer on Death Act › Sec. 13.48.190. Definitions.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.100. Transfer of information.

(a) Except for information on a motor vehicle or identification document issued to a donor who declines to participate in a registry, when a person who applies for a motor vehicle or identification document makes a gift with the application, the department shall electronically transfer all information that appears on the front of the motor vehicle or identification document and any changes that are subsequently received by the department from the donor to a procurement organization that intends to establish a donor registry under AS 13.50.110.
(b) A donor to whom a motor vehicle or identification document is issued is not required to participate in a registry, and the department may not transfer information under (a) of this section from a donor who declines to participate in a registry.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.110. Use of transferred information.

(a) A procurement organization that obtains information under AS 13.50.100 shall use the information to establish a statewide donor registry accessible by a recognized organization in
(1) this state that handles the recovery or placement of parts of the body; and
(2) another state that handles the recovery or placement of parts of the body when a donor who is a resident of this state is not located in this state at the time of or immediately before death.
(b) A procurement organization may not
(1) use registry information for fund raising; or
(2) disseminate information obtained under AS 13.50.100 unless authorized by this section or by federal law.
(c) A procurement organization may disseminate information obtained under AS 13.50.100 to another procurement organization.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.130. Registry costs.

(a) A procurement organization that has requested registry information from the department shall pay the reasonable costs associated with the creation by the organization of a registry and the reasonable costs associated with the initial installation and establishment of the facilities necessary for electronic transfer of the donor information to the organization by the department.
(b) After the initial transfer of information under (a) of this section, the department shall make all transfers of donor information without charge to a procurement organization.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.140. Notification of cancellation.

(a) A donor whose motor vehicle or identification document information is on a registry shall notify a procurement organization or the department of the destruction or mutilation of the motor vehicle or identification document or revocation of the gift under AS 13.52.183 in order to remove the donor's name from a registry. If the procurement organization that is notified does not maintain a registry, the organization shall notify all procurement organizations that do maintain a registry.
(b) The failure of a donor to make the notification under (a) of this section does not affect the revocation of a gift under AS 13.52.183.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.150. Monetary donation program.

(a) An applicant for a motor vehicle or identification document may donate $1 or more to the fund to promote in the state the donation of body parts under AS 13.52 (Health Care Decisions Act). The donation is voluntary and may be declined by the applicant. The department shall make available to all applicants information on the importance of making gifts.
(b) The department shall collect the donations made under (a) of this section and credit the donations to the fund. At least quarterly, the department shall transfer the donations to the fund.
(c) The department shall ask each applicant for a motor vehicle or identification document whether the applicant is interested in making the donation under (a) of this section.
(d) Each procurement organization shall pay its proportionate share of the reasonable costs associated with the creation of the donation program created under this section, unless another amount is agreed to by the department.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.160. Anatomical gift awareness fund.

(a) The anatomical gift awareness fund is established. The fund consists of all donations made under AS 13.50.150, other donations to the fund for a purpose identified under (b) of this section, money received by the department under AS 13.50.130, and appropriations made to the fund.
(b) The purposes of the fund are to promote gifts in the state under AS 13.52 and to administer the donation program established under AS 13.50.150.
(c) [Repealed, § 6 ch 46 SLA 2007.]
(d) Money in the fund may be appropriated by the legislature to an organization for the purpose of promoting the donation programs established in AS 13.50 and AS 13.52.
(e) Money appropriated to the fund may be spent for the purposes of the fund without further appropriation. Money appropriated to the fund does not lapse.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 50. Anatomical Gifts Registry › Sec. 13.50.190. Definitions.

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.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 52. Health Care Decisions Act › Sec. 13.52.020. Revocation of advance health care directive.

(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.