AS Title 13, Chapter 41: Uniform Disposition of Community Property Rights at Death

Chapter 41. Uniform Disposition of Community Property Rights at Death. Sec. 13.41.005. Application. Except as provided by AS 13.06.068 , this chapter applies to the disposition at death of the following property acquired by a married person: (1) all personal property, wherever situated, (A) that was acquired as or became, and remained, community property under the laws of another jurisdiction; or (B) all or the proportionate part of which was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or (C) traceable to that community property; (2) all or the proportionate part of any real property situated in this state that was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as or that became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property. Sec. 13.41.010. Rebuttable presumptions. Subject to AS 13.06.068 , in determining whether this chapter applies to specific property, the following rebuttable presumptions apply: (1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which this chapter applies; and (2) real property situated in this state and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form that created rights of survivorship, are presumed not to be property to which this chapter applies. Sec. 13.41.015. Disposition upon death. Upon the death of a married person, one-half of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. The other half of the property to which this chapter applies is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. With respect to property to which this chapter applies, the one-half of the property that is the property of the decedent is not subject to the surviving spouse's right to elect against the will. Sec. 13.41.020. Perfection of title of surviving spouse. If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether the property held by the decedent is property to which this chapter applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest. Sec. 13.41.025. Perfection of title of personal representative, heir, or devisee. If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this chapter applies, unless a written demand is made by an heir, devisee, or creditor of the decedent. Sec. 13.41.030. Purchaser for value or lender. (a) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. (b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the interest in the property free of any rights of the surviving spouse. (c) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. (d) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender. Sec. 13.41.035. Creditor's rights. This chapter does not affect rights of creditors with respect to property to which this chapter applies. Sec. 13.41.040. Acts of married persons. This chapter does not prevent married persons from severing or altering their interests in property to which this chapter applies. Sec. 13.41.045. Limitations on testamentary disposition. This chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. Sec. 13.41.050. Uniformity of application and construction. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states that enact it. Sec. 13.41.055. Short title. This chapter may be cited as the Uniform Disposition of Community Property Rights at Death Act.