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Alaska Statutes

Alaska Stat. § 13.12.404 (2026)

Family allowance

✓ current as of July 2026
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Sec. 13.12.404. Family allowance.
 (a) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. The allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise it is payable to the children, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.

 (b) The family allowance is not chargeable against a benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of a person entitled to family allowance terminates the right to allowances not yet paid.




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).
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Riddell v. Edwards, 76 P.3d 847 (Alaska 2003). · cites it 6× “402, AS 13.12.404, and AS 13.12.202. AS 13.12.”
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). · cites it 2× “402, [2] *722 and AS 13.12.404. [3] ” He left the remainder of his estate to Jaden and Cherish, in trust until they reach the age of twenty-five.”
Est. of Seward, 401 P.3d 976 (Alaska 2017). · cites it 3× “AS 13.12.404(a). 56 . Id.; see also AS 13.”
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “403 (providing exempt property of up to $10,000 for surviving spouse); AS 13.12.404 (providing family allowance for maintenance during period of administration); AS 13.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “50 AS 13.12.404. -23­ 1448 Alaska Statute 13.”
— Alaska Stat. § 13.12.404(a) — 3 cases
Riddell v. Edwards, 76 P.3d 847 (Alaska 2003). “402, AS 13.12.404, and AS 13.12.202. AS 13.12.”
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.404(a). 56 . Id.; see also AS 13.”
Est. of Maldonado v. Bailey, 117 P.3d 720 (Alaska 2005). “402, [2] *722 and AS 13.12.404. [3] ” He left the remainder of his estate to Jaden and Cherish, in trust until they reach the age of twenty-five.”
— Alaska Stat. § 13.12.404(b) — 1 case
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.404(a). 56 . Id.; see also AS 13.”
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