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Alaska Statutes Relating to Inheritance and Transfer of Native
§ 13.12.102. Share of spouse
(a) Except as
in (b) of this section, the intestate share of a decedent's surviving
(1) the entire intestate estate if
(A) no descendant or
parent of the decedent survives the decedent; or
(B) all of the decedent's surviving
descendants are also descendants of the surviving spouse and there is no other descendant
of the surviving spouse who survives the decedent;
(2) the first $200,000, plus three-fourths of any balance of the
intestate estate, if no descendant of the decedent survives the decedent, but a parent of the
decedent survives the decedent;
(3) the first $150,000, plus one-half of any balance of the
intestate estate, if all of the decedent's surviving descendants are also descendants of the
surviving spouse and the surviving spouse has one or more surviving descendants who are
not descendants of the decedent;
(4) the first $100,000, plus one-half of any balance of the
intestate estate, if one or more of the decedent's surviving descendants are not
of the surviving spouse.
(b) The intestate
of the surviving spouse in settlement common stock or other
inalienable stock in a
corporation organized under the laws of the state under 43
1601- 1641 (Alaska Native Claims Settlement Act) is
(1) all of it if there is no surviving issue; or
(2) one-half of it if the decedent is survived by issue.
§ 13.16.705. Inheritance of Certain Stock
(a) The settlement
common stock or other inalienable stock in a corporation organized under the laws of
under 43 U.S.C. 1601 - 1642 (Alaska Native Claims
Settlement Act) is not subject to probate nor shall its value be considered in determining
value of an estate or allowance under this title. Upon death of the holder, if the stock
not pass by the testamentary disposition clause on the stock certificate or by the form
authorized under (b) of this section, properly executed, it passes by
will or intestate succession. In such a case, the determination of the person entitled to the
stock shall be made by the corporation that initially issued the stock or its designated
The determination shall be made on the basis of an affidavit, furnished to the corporation
initially issued the stock, or its agent, showing the right of the person entitled to the stock
receive it. The affidavit, accepted in good faith by the corporation or its agent, has the
effect as an affidavit under AS 13.16.685, and the person entitled to the stock, if the
is not accepted, has the remedy set out in AS 13.16.685. In case of dispute as to the
entitled to receive the stock, a person claiming ownership may bring an independent
in the superior court.
(b) Unless a separate
form is provided that substantially satisfies the requirements of this subsection and that is
distributed to the same extent as the certificate, each certificate representing the stock
bear provisions, on its reverse side, containing blanks to be filled in by the owner,
constituting a last will and testament for the purposes of this section and 43 U.S.C. 1606(h) insofar as the shares represented by that
certificate are concerned. The clause may be signed by the owner, dated, and notarized.
This testamentary disposition may be changed from time to time or revoked, and it
unless there is a subsequently executed certificate, form, or formal will making specific
disposition of the stock.
(c) When ownership
of stock passes by devise or inheritance or as a result of court action, the stock shall be
partitioned, insofar as practicable, in whole shares among those entitled to them.
(d) If a deceased
shareholder has failed to dispose of the stock by will and has no heirs under the
laws of intestacy, the shares escheat to the corporation.
(e) The situs of the
stock is Alaska.
(f) This section
to stock as long as the stock remains inalienable.
terms used in this section have the meanings given in AS 13.06.050. In this section,
means the settlement common stock or other inalienable
of a corporation organized
under the laws of the state under 43 U.S.C. 1601 - 1642
(Alaska Native Claims Settlement Act), and includes membership in a corporation
under AS 10.20 and inchoate rights to stock.
§ 13.46.085. Native Corporations; Custodians
(a) The stock or
membership in a corporation organized under the law of this state under the Alaska
Claims Settlement Act (43 U.S.C. 1601 - 1642) that a
is entitled to receive under that Act shall be held by a custodian.
(b) A person making
a transfer of stock, whether by gift, devise, or other method, may nominate a custodian.
the absence of a nomination, the custodian shall be determined under the order of priority
set out below. The appointment becomes effective upon the corporation's receipt of the
custodian's written consent to the appointment. The order of priority is:
(1) the legal guardian, if any, of the minor;
(2) a parent, if any, of the minor, as selected by the parents;
(3) an adult member of the minor's family; in this paragraph,
"member of the minor's family" has the meaning given in AS 13.46.990, and also includes
members of a family with whom the minor has customarily lived.
(c) For good cause, a
district court or the superior court may vary the order of priority set out in (b) of this section or appoint another suitable person as custodian.
is governed by this chapter, as modified by the following:
(2) under AS 13.46.150, a third person is responsible for
determining whether stock is inalienable under the Act;
(3) the custodian shall give an appropriate receipt for property
received for the minor;
(4) the custodian may not alienate inalienable property except
within the limits provided by law;
(5) the form of registration or title shall be "as custodian for
__________ (name of minor) under the Alaska Native Claims Settlement Act";
(6) a custodian may not receive compensation except, upon
application to and approval by the superior court, for unusual and extraordinary services;
(7) custodial property includes securities, money, and other real
and personal property under supervision as a consequence of the Act.
13.46.190, the stock shall be transferred to the minor when the minor reaches 18 years
of age, or to the minor's heirs if the minor dies before reaching 18 years of age.
(f) In this section,
(1) "Act" means the Alaska Native Claims Settlement Act (43 U.S.C. 1601 - 1642);
(2) "minor" means an individual who is less than 18 years of age;
(3) "stock" means the stock or membership in a corporation that
is organized under the law of this state under the Act and
a minor is entitled to receive
under the Act, whether by gift, devise, or other method;
"stock" includes inchoate rights to