GroundRules
AS 13.12.570: Burden of proof.
Where this section sits in the code
- Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions.
- Chapter 12. Intestacy, Wills, and Donative Transfers.
- Article 6. Establishment of Will and Trust Validity before Death.
A petitioner under AS 13.12.530 or 13.12.535 has the burden of establishing prima facie proof of the execution of the will or trust. A person who opposes the petition has the burden of establishing the lack of testamentary intent, lack of capacity, undue influence, fraud, duress, mistake, or revocation. A party to the proceeding has the ultimate burden of persuasion as to the matters for which the party has the initial burden of proof.
Collected 2026-09-02T06:16:54Z. Source file · JSON