Alaska Statutes
Alaska Stat. § 13.12.102 (2026)
Share of spouse
✓ current as of July 2026
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Sec. 13.12.102. Share of spouse.
(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is
(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 descendants of the surviving spouse.
(b) The intestate share of the surviving spouse in settlement common stock or other inalienable stock in a corporation organized under the laws of the state under 43 U.S.C. 1601 et seq. (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.
(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is
(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 descendants of the surviving spouse.
(b) The intestate share of the surviving spouse in settlement common stock or other inalienable stock in a corporation organized under the laws of the state under 43 U.S.C. 1601 et seq. (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.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2003–2024 · leading case: Nat'l Bank of Alaska v. Ketzler, 71 P.3d 333 (Alaska 2003).
Nat'l Bank of Alaska v. Ketzler, 71 P.3d 333 (Alaska 2003). “…this case and we do not resolve it here. 12 . AS 13.12.402. 13 . AS 13.12.501-13.12.921. 14 . AS 13.12.202(a). 15 . AS 13.12.102.”
In re Est. of Hatten, 440 P.3d 256 (Alaska 2019). “See AS 13.12.102. See AS 13.12.202. See Pestrikoff v.”
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “AS 13.12.102. But a surviving spouse who marries after the decedent executes his or her will — what we refer to as an “after-married spouse” — will not receive an intestate share under certain circumstances.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “402-405, as well as an intestate share of the estate under AS 13.12.102.” Amanda sought “the first $55,000 of the estate to cover her homestead, exempt property, and family allowances.”
— Alaska Stat. § 13.12.102(a)(1) — 1 case
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “AS 13.12.102. But a surviving spouse who marries after the decedent executes his or her will — what we refer to as an “after-married spouse” — will not receive an intestate share under certain circumstances.”
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