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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 485. Individual Liability of Personal Representative.
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. Payment of Claims.
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. Secured Claims.
AS 13.16.485. Individual Liability of Personal Representative.
- (a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly
entered into in a fiduciary capacity in the course of administration of the estate unless the personal representative
fails to reveal the representative capacity and identify the estate in the contract.
- (b) A personal representative is individually liable for obligations arising from ownership or control of the estate or
for torts committed in the course of administration of the estate only if personally at fault.
- (c) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising
from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted
against the estate by proceeding against the personal representative in the personal representative's fiduciary
capacity, whether or not the personal representative is individually liable therefor.
- (d) Issues of liability as between the estate and the personal representative individually may be determined in a
proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.
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