(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 estate under AS 13.12.205. (b) In AS 13.12.201 – 13.12.214, (1) “fractional interest in property held in joint tenancy with the right of survivorship,” whether the fractional interest is unilaterally severable […]
(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in AS 13.12.201 – 13.12.214, to take an elective share amount equal to one-third of the augmented estate. (b) If the sum of the amounts described in AS 13.12.207, 13.12.209(a)(1), and […]
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 of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent’s net probate estate, the decedent’s nonprobate transfers to others, the […]
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, exempt property, and enforceable claims.
(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 of the following types, in the amount provided respectively for each type of transfer: (1) property owned or owned in substance by the decedent immediately before death that passed outside probate […]
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 value of the decedent’s nonprobate transfers to the decedent’s surviving spouse, which consist of all property that passed outside probate at the decedent’s death from the decedent to the surviving spouse […]
(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 of (1) property that was owned by the decedent’s surviving spouse at the decedent’s death, including (A) the surviving spouse’s fractional interest in property held in joint tenancy with the right […]
(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 in money or money’s worth for a transfer of the property; or (2) if the property was transferred with the written joinder of, or if the transfer was consented to […]
(a) In a proceeding for an elective share, the following are applied first to satisfy the elective share amount and to reduce or eliminate any contributions due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others: (1) amounts included in the augmented estate under AS 13.12.204 that pass or have […]
(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, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse’s elective share or supplemental elective share amount. […]
(a) Except as provided in (b) of this section, the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent’s death, or within six months after the probate of the decedent’s […]
(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under AS 13.12.211(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse’s behalf by the surviving spouse’s […]
(a) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or to any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. (b) A surviving spouse’s […]
(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 or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for […]
