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Alaska Statutes

Alaska Stat. § 13.16.350 (2026)

General duties; standard of care; relation and liability to persons interested in estate; standing to sue

✓ current as of July 2026
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Sec. 13.16.350. General duties; standard of care; 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 that 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.




Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1995–2026 · leading case: Hester v. Landau, 420 P.3d 1285 (Alaska 2018).
Sort: Relevance Newest Treatment
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). · cites it 8× “”18 One of these is the authority to “prosecute or defend claims[] or proceedings .”
Enders v. Parker, 66 P.3d 11 (Alaska 2003). · cites it 7× “" [14] Under AS 13.16.350(a) Enders owed her fiduciary duty to Kottke's estate; that duty required her to serve the best interests of the estate and of Kottke's successors; and it obliged her to observe the same statutory standards of care that trustees must observe in managing…”
Dieringer v. Martin, 187 P.3d 468 (Alaska 2008). “See AS 13.16.350(a) (emphasizing a personal representative's fiduciary duty).”
Est. of Seward, 401 P.3d 976 (Alaska 2017). “010 (providing that will may be declared valid by order of informal probate); AS 13.16.350 (stating personal representative’s duty to settle and distribute estate according to probated will).”
Carroll v. Carroll, 903 P.2d 579 (Alaska 1995). “075, AS 13.16.350. The probate code requires the personal representative to make an inventory and appraisement which lists the fair market value of estate assets.”
In the Matter of the Est. of Gregory Boyd (Alaska 2026). · cites it 3× “Jo’s sale of the property complied with the duty to settle the estate as the term is understood in the probate context. She received approval from the court to sell the Gakona property and divided the proceeds in accordance with the parties’ relative interests.”
Eyre v. The City of Fairbanks (D. Alaska 2020). “3d at 1288 (“Although neither provision explicitly states that this grant of authority is exclusive or that no other person may take such actions on behalf of the estate, the only person to whom they delegate is the personal representative.”
In the Matter of the Est. of Lionel D., In the Matter of the Est. of Lionel D. (Alaska 2022). “24 Cliff additionally acknowledged having been informed by Nora’s conservator that his power of attorney over Nora’s “financial dealings[] was terminated the day that OPA became [her] conservator” but conceded that he had not informed Nora’s conservator about the shore lease or…”
— Alaska Stat. § 13.16.350(a) — 4 cases
Enders v. Parker, 66 P.3d 11 (Alaska 2003). “" [14] Under AS 13.16.350(a) Enders owed her fiduciary duty to Kottke's estate; that duty required her to serve the best interests of the estate and of Kottke's successors; and it obliged her to observe the same statutory standards of care that trustees must observe in managing…”
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). “”18 One of these is the authority to “prosecute or defend claims[] or proceedings .”
Dieringer v. Martin, 187 P.3d 468 (Alaska 2008). “See AS 13.16.350(a) (emphasizing a personal representative's fiduciary duty).”
In the Matter of the Est. of Gregory Boyd (Alaska 2026). “Jo’s sale of the property complied with the duty to settle the estate as the term is understood in the probate context. She received approval from the court to sell the Gakona property and divided the proceeds in accordance with the parties’ relative interests.”
— Alaska Stat. § 13.16.350(c) — 2 cases
Hester v. Landau, 420 P.3d 1285 (Alaska 2018). “”18 One of these is the authority to “prosecute or defend claims[] or proceedings .”
Eyre v. The City of Fairbanks (D. Alaska 2020). “3d at 1288 (“Although neither provision explicitly states that this grant of authority is exclusive or that no other person may take such actions on behalf of the estate, the only person to whom they delegate is the personal representative.”
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