THE ALASKA LEGAL RESOURCE CENTER

Your online resource to all laws governing the state of Alaska.  We have all of the Alaska Statutes and the all of the Alaska admin code.

Go back to: Alaska statutes
Go back to: Title 13 Decedents’ Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Go back to: Chapter 12. Intestacy, Wills, and Donative Transfers.

Sec. 13.12.109. Advancements.
 (a) If an individual dies intestate as to all or a portion of the individual’s estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if
     (1) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or

     (2) the decedent’s contemporaneous writing or the heir’s written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent’s intestate estate.

 (b) For purposes of (a) of this section, property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent’s death, whichever first occurs.

 (c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent’s intestate estate, unless the decedent’s contemporaneous writing provides otherwise.

Other Sections in this Chapter: