Alaska Statutes
Alaska Stat. § 13.16.005 (2026)
Devolution of estate at death; restrictions
✓ current as of July 2026
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Sec. 13.16.005. Devolution of estate at death; restrictions.
The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the property are subject to the restrictions and limitations contained in AS 13.06 — AS 13.36 to facilitate the prompt settlement of estates. Upon the death of a person, that person's real and personal property devolves to the persons to whom it is devised by the last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to the heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.
The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the property are subject to the restrictions and limitations contained in AS 13.06 — AS 13.36 to facilitate the prompt settlement of estates. Upon the death of a person, that person's real and personal property devolves to the persons to whom it is devised by the last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to the heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1984–2025 · leading case: Riddell v. Edwards, 76 P.3d 847 (Alaska 2003).
Riddell v. Edwards, 76 P.3d 847 (Alaska 2003). “Upon the death of a person, that person's real and personal property devolves to the persons to whom it is devised by the last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate…”
Sheehan v. Est. of Gamberg, 677 P.2d 254 (Alaska 1984). “AS 13.16.005 passes the decedent’s property to the heirs or devisees upon death.”
Smith v. Kofstad, 206 P.3d 441 (Alaska 2009). “505 ("No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or…”
Reynolds v. Sisco Grp., Inc., 70 P.3d 388 (Alaska 2003). “See AS 13.16.005 (devolution statute); see also Wareet, Unirorm Prosare Copr Practice Manuva § 12.”
In the Matter of the Est. of Kay Louise Rollison, In the Matter of the Est. of Kay Louise Rollison (Alaska 2025). “15 AS 13.16.005. 16 AS 13.16.010. 17 AS 13.16.”
In the Matter of the Est. of Fe Perez Abad, In the Matter of the Est. of Sandra Lee Boatner, 540 P.3d 244 (Alaska 2023). “39 AS 13.16.005. 40 AS 13.16.040(a). But see AS 12.”
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