Alaska Statutes
Alaska Stat. § 13.12.402 (2026)
Homestead allowance
✓ current as of July 2026
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Sec. 13.12.402. Homestead allowance.
A decedent's surviving spouse is entitled to a homestead allowance of $27,000. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $27,000 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to a share passing to the surviving spouse or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share.
A decedent's surviving spouse is entitled to a homestead allowance of $27,000. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $27,000 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to a share passing to the surviving spouse or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share.
Notes of Decisions
Cited in 6
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). “) [12] Alaska's statutory rights to allowances and share are set forth in AS 13.12.402, AS 13.12.404, and AS 13.12.”
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.402; see also AS 13.12.405(a) (setting out source for satisfaction of the allowance, including payment of cash).”
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). “AS 13.12.402 entitles the surviving spouse to a *722 homestead allowance of $27,000.”
Nat'l Bank of Alaska v. Ketzler, 71 P.3d 333 (Alaska 2003). “AS 13.12.402. 13 . AS 13.12.501-13.12.921.”
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “3 NKF, the residuary beneficiary of Bentley’s estate, 1 AS 13.12.402 (providing homestead allowance for surviving spouse); AS 13.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “” 48 AS 13.12.402. 49 AS 13.12.403. 50 AS 13.12.”
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