Sec. 13.16.460. Limitations on presentation of claims.

300 words·~1 min read·/ak/title-13/chapter-16/13-16-460

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

(a)All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1)within four months after the date of the first publication of notice to creditors if notice is given in compliance with AS 13.16.450 ; however, claims barred by the nonclaim statute at the decedent's domicile before the first publication for claims in this state are also barred in this state;

(2)within three years after the decedent's death, if notice to creditors has not been published.

(b)All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1)a claim based on a contract with the personal representative, within four months after performance by the personal representative is due;

(2)any other claim, within four months after it arises.

(c)Nothing in this section affects or prevents

(1)any proceeding to enforce any mortgage, pledge, or lien upon property of the estate; or

(2)to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which there is protection through liability insurance.