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- Alaska Statutes.
- Title 13. Estates, Guardianships, Transfers, Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 475. Allowance of Claims.
previous: Section 470. Classification of Claims.
next: Section 480. Payment of Claims.
AS 13.16.475. Allowance of Claims.
- (a) As to claims presented in the manner described in AS 13.16.465
within the time limit prescribed in AS 13.16.460
, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after
allowing or disallowing a claim, the personal representative changes a decision concerning the claim, the personal
representative shall notify the claimant. The personal representative may not change a disallowance of a claim after
the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the
claim has been barred. Every claim which is disallowed in whole or in part by the personal representative is barred so
far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against
the personal representative not later than 60 days after the mailing of the notice of disallowance or partial allowance
if the notice warns the claimant of the impending bar. Failure of the personal representative to mail to a claimant
notice of action on a claim for 60 days after the time for original presentation of the claim has expired has the
effect of a notice of allowance.
- (b) Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow
in whole or in part any claim or claims presented to the personal representative or filed with the clerk of the court
in due time and not barred by (a) of this section. Notice in this proceeding shall be given to the claimant, the
personal representative, and those other persons interested in the estate as the court may direct by order entered at
the time the proceeding is commenced.
- (c) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's
estate is an allowance of the claim.
- (d) Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims
bear interest at the legal rate for the period commencing 60 days after the time for original presentation of the claim
has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance
with that provision.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005