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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 40. Probate, Testacy, and Appointment Proceedings; Ultimate Time Limit..
previous: Section 35
. Scope of Proceedings; Proceedings Independent; Exception.
next: Section 45
. Statutes of Limitation On Decedent's Cause of Action.
AS 13.16.040. Probate, Testacy, and Appointment Proceedings; Ultimate Time Limit..
- (a) An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to
probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in
which there has been a prior appointment, may not be commenced more than three years after the decedent's death, except
- (1) if a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate,
appointment, or testacy proceedings may be maintained at any time after the dismissal upon a finding that the
decedent's death occurred before the initiation of the previous proceeding and the applicant or petitioner has not
delayed unduly in initiating the subsequent proceeding;
- (2) appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absent,
disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after
the conservator becomes able to establish the death of the protected person;
- (3) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for
appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal
probate or three years from the decedent's death;
- (4) an informal appointment or a formal testacy or appointment proceeding may be commenced after the three years if
proceedings concerning the succession or estate administration have not occurred within the three-year period after the
decedent's death, but the personal representative may not possess estate assets as provided in AS 13.16.380 beyond that necessary to confirm title to the
assets in the successors to the estate and claims other than expenses of administration may not be presented against
the estate; and
- (5) a formal testacy proceeding may be commenced at any time after three years from the decedent's death for the purpose
of establishing an instrument to direct or control the ownership of property passing or distributable after the
decedent's death from a person other than the decedent when the property is to be appointed by the terms of the
decedent's will or is to pass or be distributed as a part of the decedent's estate or its transfer is otherwise to be
controlled by the terms of the decedent's will.
- (b) The limitations in (a) of this section do not apply to proceedings to construe probated wills or determine heirs of an
- (c) In cases under (a)(1) or (2) of this section, the date on which a testacy or appointment proceeding is properly
commenced is considered to be the date of the decedent's death for purposes of other limitations provisions of AS 13.06 - AS 13.36 that relate to the date of death.
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