Section 13.16.380. Duty of personal representative; possession of estate.

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration.  The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of it, that the possession of the property by the personal representative is necessary for purposes of administration.  The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession.  The personal representative may maintain an action to recover possession of property or to determine the title to it.

Authorities

13.16.040

Notes

References

AS 13.16.040 Probate, testacy, and appointment proceedings; ultimate time limit..

History

(Sec. 1 ch 78 SLA 1972)