Sec. 13.16.055. Venue for first and subsequent estate proceedings; location of property.

283 words·~1 min read·/ak/title-13/chapter-16/13-16-055·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is

(1)in the judicial district where the decedent was domiciled at the time of death; or

(2)if the decedent was not domiciled in this state, in any judicial district where

(A)property of the decedent was located at the time of death; or

(B)a fiduciary who is subject to the laws of this state and who comes into the control of property owned by the decedent at the time of death resides or has its principal place of business.

(b)Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in AS 13.06.070 or

(c)of this section.

(c)If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

(d)For the purpose of aiding determinations concerning location of assets that may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.