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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 6. General Provisions, Definitions, and Probate Jurisdiction of Court
- Section 35. Evidence of Death or Status. .
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AS 13.06.035. Evidence of Death or Status. .
In addition to the Alaska Rules of Evidence, the following rules relating to a determination of death and status apply:
- (1) death occurs when an individual has sustained either irreversible cessation of circulatory and respiratory functions
or irreversible cessation of all functions of the entire brain, including the brain stem; a determination of death
shall be made under accepted medical standards;
- (2) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place
where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the
identity of the decedent;
- (3) a certified or authenticated copy of a record or report of a governmental agency, domestic or foreign, that an
individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances,
and places disclosed by the record or report;
- (4) in the absence of prima facie evidence of death under (2) or (3) of this section, the fact of death may be established
by clear and convincing evidence, including circumstantial evidence;
- (5) an individual whose death is not established under (1) - (4) of this section and who is absent for a continuous period
of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained
after diligent search or inquiry, is presumed to be dead; the individual's death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred earlier;
- (6) in the absence of evidence disputing the time of death stated on a document described in (2) or (3) of this section, a
document described in (2) or (3) of this section that states a time of death 120 hours or more after the time of death
of another individual, however the time of death of the other individual is determined, establishes by clear and
convincing evidence that the individual survived the other individual by at least 120 hours.
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