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Sec. 13.12.101. Intestate estate.

(a) A part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in AS 13.06 – AS 13.36, except as modified by the decedent’s will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed […]

Sec. 13.12.102. Share of spouse.

(a) Except as provided in (b) of this section, the intestate share of a decedent’s surviving spouse is (1) the entire intestate estate if (A) no descendant or parent of the decedent survives the decedent; or (B) all of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other […]

Sec. 13.12.103. Share of heirs other than surviving spouse.

A part of the intestate estate not passing to the decedent’s surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent’s descendants by representation; (2) if there is no surviving descendant, […]

Sec. 13.12.104. Requirement that heir survive decedent for 120 hours.

An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived […]

Sec. 13.12.105. No taker.

If there is no taker under this chapter, (1) personal property in the intestate estate passes to the state and is subject to AS 34.45.280 – 34.45.780; if notice to heirs, substantially equivalent to that required by AS 34.45.310, has been given by the personal representative or other person, AS 34.45.310 does not apply; (2) […]

Sec. 13.12.106. Representation.

(a) If, under AS 13.12.103(1), all or part of a decedent’s intestate estate passes by representation to the decedent’s descendants, the estate or part of the estate passing is divided into as many equal shares as there are (1) surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; […]

Sec. 13.12.108. After-born heirs.

An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.

Sec. 13.12.109. Advancements.

(a) If an individual dies intestate as to all or a portion of the individual’s estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if (1) the decedent declared in a contemporaneous writing […]

Sec. 13.12.110. Debts to decedent.

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants.

Sec. 13.12.111. Alienage.

An individual is not disqualified to take as an heir because the individual or another individual through whom the individual claims is or has been an alien.

Sec. 13.12.114. Parent and child relationship.

(a) Except as provided in (b) – (d) of this section, for purposes of intestate succession by, through, or from a person, an individual is the child of the individual’s natural parents, regardless of their marital status, and the parent and child relationship may be established as indicated under AS 25.20.050. (b) An adopted individual […]