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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 709. Representation; Per Capita at Each Generation; Per Stirpes.
previous: Section 708
. Class Gifts to "Descendants," "Issue," or "Heirs of the Body"; Form of Distribution If None Specified.
next: Section 710
. Worthier-Title Doctrine Abolished.
AS 13.12.709. Representation; Per Capita at Each Generation; 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
- (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
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