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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 350. General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue.
previous: Section 345
. Priority Among Different Letters.
next: Section 355
. Personal Representative to Proceed Without Court Order; Exception.
AS 13.16.350. General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue.
- (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under AS 13.36.225
- 13.36.290. A personal representative is under a
duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective
will and AS 13.06 - AS 13.36, and as expeditiously and efficiently as is consistent with
the best interests of the estate. A personal representative shall use the authority conferred by AS 13.06 - AS 13.36, the terms of the will, if any, and any order in proceedings
to which the personal representative is party for the best interests of successors to the estate.
- (b) A personal representative may not be surcharged for acts of administration or distribution if the conduct in question
was authorized at the time. Subject to other obligations of administration, an informally probated will is authority
to administer and distribute the estate according to its terms. An order of appointment of a personal representative,
whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs
of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy
proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning
the appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the
duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants,
the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described
elsewhere in AS 13.06 - AS 13.36.
- (c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent
domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of
any other jurisdiction as the decedent had immediately before death.
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