Alaska Statutes Title 13, Chapter 13.12, Article 02 - Elective Share of Surviving Spouse

• Sec. 13.12.201 Definitions.
  (a) In AS 13.12.201 - 13.12.204 and 13.12.206 - 13.12.214, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented...
• Sec. 13.12.202 Elective Share.
  (a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated...
• Sec. 13.12.203 Composition of the Augmented Estate.
  Subject to AS 13.12.208 , the value of the augmented estate, to the extent provided in AS 13.12.204 - 13.12.207, consists of the sum...
• Sec. 13.12.204 Decedent's Net Probate Estate.
  The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances,...
• Sec. 13.12.205 Decedent's Nonprobate Transfers to Others.
  (a) The value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under AS 13.12.204, of any...
• Sec. 13.12.206 Decedent's Nonprobate Transfers to the Surviving Spouse.
  Excluding property passing to the surviving spouse under 42 U.S.C. 301 - 1397f (Social Security Act), the value of the augmented estate includes the...
• Sec. 13.12.207 Surviving Spouse's Property and Nonprobate Transfers to Others.
  (a) Except to the extent included in the augmented estate under AS 13.12.204 or 13.12.206, the value of the augmented estate includes the value...
• Sec. 13.12.208 Exclusions, Valuation, and Overlapping Application.
  (a) The value of property is excluded from the decedent's nonprobate transfers to others(1) to the extent the decedent received adequate and full consideration...
• Sec. 13.12.209 Sources From Which Elective Share Payable.
  (a) In a proceeding for an elective share, the following are applied first to satisfy the elective share amount and to reduce or eliminate...
• Sec. 13.12.210 Personal Liability of Recipients.
  (a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others,...
• Sec. 13.12.211 Proceeding for Elective Share; Time Limit.
  (a) Except as provided in (b) of this section, the election shall be made by filing in the court and mailing or delivering to...
• Sec. 13.12.212 Right of Election Personal to Surviving Spouse; Incapacitated Surviving Spouse.
  (a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is...
• Sec. 13.12.213 Waiver of Right to Elect and of Other Rights.
  (a) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance,...
• Sec. 13.12.214 Protection of Payors and Other Third Parties.
  (a) Although under AS 13.12.205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor...

Last modified: November 15, 2016