Section 13.16.680. Collection of personal property by affidavit.

   (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that
        (1) the entire estate, wherever located, less liens and encumbrances, consists only of not more than
             (A) vehicles subject to registration under AS 28.10.011 with a total value that does not exceed $100,000; and
             (B) personal property, other than vehicles described in (A) of this paragraph, that does not exceed $50,000;
        (2) 30 days have elapsed since the death of the decedent;
        (3) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
        (4) the claiming successor is entitled to payment or delivery of the property.
   (b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in (a) of this section.

Authorities

13.16.010;13.16.700;13.26.545;43.23.005

Notes

References

2 AAC 92.060
AS 13.16.010 Necessity of order of probate for will..
AS 13.16.700 Settlement directed by court.
AS 13.26.545 Distributive duties and powers of conservator.
AS 43.23.005 Eligibility.

History

(Sec. 1 ch 78 SLA 1972; am Sec. 4 ch 80 SLA 1984; am Sec. 1 ch 100 SLA 2008)