Alaska Statutes
Alaska Stat. § 13.12.202 (2026)
Elective share
✓ current as of July 2026
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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 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 that part of the elective share amount payable from the decedent's probate estate and nonprobate transfers to others under AS 13.12.209(b) — (c) is less than $50,000, the surviving spouse is entitled to a supplemental elective share amount equal to $50,000, minus the sum of the amounts described in AS 13.12.207 and 13.12.209(a)(1), (b), and (c). The supplemental elective share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set out in AS 13.12.209(b) — (c).
(c) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective share and supplemental elective share amounts.
(d) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.
(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 that part of the elective share amount payable from the decedent's probate estate and nonprobate transfers to others under AS 13.12.209(b) — (c) is less than $50,000, the surviving spouse is entitled to a supplemental elective share amount equal to $50,000, minus the sum of the amounts described in AS 13.12.207 and 13.12.209(a)(1), (b), and (c). The supplemental elective share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set out in AS 13.12.209(b) — (c).
(c) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective share and supplemental elective share amounts.
(d) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2003–2024 · leading case: Riddell v. Edwards, 76 P.3d 847 (Alaska 2003).
Riddell v. Edwards, 76 P.3d 847 (Alaska 2003). “404, and AS 13.12.202. AS 13.12.402 states: "A decedent's surviving spouse is entitled to a homestead allowance of $27,000.”
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). “On November 22, 1999 Florian executed a will devising to Barbara “her elective share, homestead allowance, and family allowance as provided by AS 13.12.202, [1] 13.12.402, [2] *722 and AS 13.”
Nat'l Bank of Alaska v. Ketzler, 71 P.3d 333 (Alaska 2003). “…is not presented in 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 13.12.202. See Pestrikoff v. Hoff , 278 P.”
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “2 AS 13.12.202. A “surviving spouse” is a spouse who was legally married to the decedent at the time of death.”
— Alaska Stat. § 13.12.202(a) — 3 cases
Riddell v. Edwards, 76 P.3d 847 (Alaska 2003). “404, and AS 13.12.202. AS 13.12.402 states: "A decedent's surviving spouse is entitled to a homestead allowance of $27,000.”
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). “On November 22, 1999 Florian executed a will devising to Barbara “her elective share, homestead allowance, and family allowance as provided by AS 13.12.202, [1] 13.12.402, [2] *722 and AS 13.”
Nat'l Bank of Alaska v. Ketzler, 71 P.3d 333 (Alaska 2003). “…is not presented in 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.”
— Alaska Stat. § 13.12.202(b) — 1 case
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). “On November 22, 1999 Florian executed a will devising to Barbara “her elective share, homestead allowance, and family allowance as provided by AS 13.12.202, [1] 13.12.402, [2] *722 and AS 13.”
— Alaska Stat. § 13.12.202(c) — 1 case
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). “On November 22, 1999 Florian executed a will devising to Barbara “her elective share, homestead allowance, and family allowance as provided by AS 13.12.202, [1] 13.12.402, [2] *722 and AS 13.”
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