Alaska Statutes
Alaska Stat. § 13.12.403 (2026)
Exempt property
✓ current as of July 2026
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Sec. 13.12.403. Exempt property.
In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $10,000 in excess of security interests in the items, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $10,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. These rights are in addition to a benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective share.
In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $10,000 in excess of security interests in the items, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $10,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. These rights are in addition to a benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective share.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2011–2024 · leading case: Foster v. Prof'l Guardian Servs. Corp., 258 P.3d 102 (Alaska 2011).
Foster v. Prof'l Guardian Servs. Corp., 258 P.3d 102 (Alaska 2011). “AS 13.12.403 provides that the decedent's surviving spouse is entitled from the estate to a value, not exceeding $10,000 in excess of security interests in the items, in household furniture, automobiles, furnishings, appliances, and personal effects.”
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.403. 62 . Id. 63 . Id.; WELLMAN, supra note 17, at 113 ("Of course, the testator may force the spouse or children to elect to take property under the will in lieu of the exempt property by an express provision in the will, e.”
In Re Est. of Seward, 424 P.3d 333 (Alaska 2018). “We therefore begin our analysis by examining the exempt property allowance statute, AS 13.12.403. This statute provides that when the decedent has no surviving spouse, "the decedent's children" are "entitled from the estate to a value, not exceeding $10,000 in excess of security…”
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “402 (providing homestead allowance for surviving spouse); AS 13.12.403 (providing exempt property of up to $10,000 for surviving spouse); AS 13.”
In the Matter of the Est. of Lawrence Eugene Marx (Alaska 2021). “4 See AS 13.12.403 (providing that decedent’s surviving children are entitled to $10,000 personal property or equivalent from estate); Est.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “49 AS 13.12.403. 50 AS 13.12.404. -23 1448 Alaska Statute 13.”
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