(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 descendants; and
(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.
Other Sections in this Chapter:
- Sec. 13.12.101. Intestate estate.
- Sec. 13.12.103. Share of heirs other than surviving spouse.
- Sec. 13.12.105. No taker.
- Sec. 13.12.107. Kindred of half blood.
- Sec. 13.12.109. Advancements.
- Sec. 13.12.111. Alienage.
- Sec. 13.12.113. Individuals related to decedent through two lines.
- Sec. 13.12.201. Definitions.
- Sec. 13.12.203. Composition of the augmented estate.
- Sec. 13.12.205. Decedent’s nonprobate transfers to others.
- Sec. 13.12.207. Surviving spouse’s property and nonprobate transfers to others.
- Sec. 13.12.209. Sources from which elective share payable.
- Sec. 13.12.211. Proceeding for elective share; time limit.
- Sec. 13.12.213. Waiver of right to elect and of other rights.
- Sec. 13.12.301. Entitlement of spouse; premarital will.
- Sec. 13.12.401. Applicable law.
- Sec. 13.12.403. Exempt property.
- Sec. 13.12.405. Source, determination, and documentation.
- Sec. 13.12.501. Who may make will.
- Sec. 13.12.504. Self-proved will.
- Sec. 13.12.506. Choice of law as to execution.
- Sec. 13.12.508. Revocation by change of circumstances.
- Sec. 13.12.510. Incorporation by reference.
- Sec. 13.12.512. Events of independent significance.
- Sec. 13.12.514. Contracts concerning succession.
- Sec. 13.12.516. Duty of custodian of will; liability.
- Sec. 13.12.530. Establishment of will validity before death.
- Sec. 13.12.535. Establishment of trust validity before death.
- Sec. 13.12.540. Venue.
- Sec. 13.12.545. Contents of petition for will validity.
- Sec. 13.12.550. Contents of petition for trust validity.
- Sec. 13.12.555. Declaration by court.
- Sec. 13.12.560. Binding effect of declaration.
- Sec. 13.12.565. Hearing and notice.
- Sec. 13.12.570. Burden of proof.
- Sec. 13.12.575. Change to will after declaration.
- Sec. 13.12.580. Change to trust after declaration.
- Sec. 13.12.585. Confidentiality.
- Sec. 13.12.590. Definitions.
- Sec. 13.12.601. Scope.
- Sec. 13.12.603. Antilapse; deceased devisee; class gifts.
- Sec. 13.12.605. Increase in securities; accessions.
- Sec. 13.12.607. Nonexoneration.
- Sec. 13.12.609. Ademption by satisfaction.
- Sec. 13.12.701. Scope.
- Sec. 13.12.703. Choice of law as to meaning and effect of governing instrument.
- Sec. 13.12.705. Class gifts; terms of relationship.
- Sec. 13.12.707. Survivorship with respect to future interests under terms of trust; substitute takers.
- Sec. 13.12.711. Interests in heirs and other persons.
- Sec. 13.12.720. Family-owned business deduction. Repealed
- Sec. 13.12.802. Effect of divorce, annulment, and decree of separation.
- Sec. 13.12.804. Effect of divorce, annulment, and other changes of circumstances on probate and nonprobate transfers.
- Sec. 13.12.907. Honorary trusts; trusts for pets.
- Sec. 13.12.912. International will; validity.
- Sec. 13.12.914. International will; other points of form.
- Sec. 13.12.916. International will; effect of certificate.
- Sec. 13.12.918. Source and construction.
- Sec. 13.12.920. International will information registration.