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.
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.
(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 […]
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 […]
(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 […]
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 […]
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 […]
(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 […]
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 […]
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.
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.
(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 […]
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.
