Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 540. Distribution; Order in Which Assets Appropriated; Abatement.
previous: Section 535
. Successors' Rights If No Administration.
next: Section 545
. Right of Retainer.
AS 13.16.540. Distribution; Order in Which Assets Appropriated; Abatement.
- (a) Except as provided in (b) of this section and except as provided in connection with the share of the surviving spouse
who elects to take an elective share, shares of distributees abate, without any preference or priority as between real
and personal property, in the following order: (1) property not disposed of by the will; (2) residuary devises; (3)
general devises; (4) specific devises. For purposes of abatement, a general devise charged on any specific property or
fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or
insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency.
Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have
received if full distribution of the property had been made in accordance with the terms of the will.
- (b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the
devise would be defeated by the order of abatement stated in (a) of this section, the shares of the distributees abate
as may be found necessary to give effect to the intention of the testator.
- (c) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by
appropriate adjustments in, or contribution from, other interests in the remaining assets.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.