Alaska Statutes
Alaska Stat. § 13.12.405 (2026)
Source, determination, and documentation
✓ current as of July 2026
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Sec. 13.12.405. Source, determination, and documentation.
Article 5. Wills, Will Contracts, and Custody and Deposit of Wills.
(a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $18,000 or periodic installments not exceeding $1,500 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or an interested person aggrieved by a selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
(b) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under AS 13.12.212(b).
(a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $18,000 or periodic installments not exceeding $1,500 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or an interested person aggrieved by a selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
(b) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under AS 13.12.212(b).
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2013–2024 · leading case: Est. of Seward, 401 P.3d 976 (Alaska 2017).
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.405 (noting "children who are adults” may select property for exempt property allowance); UNIF.”
In the Matter of the Est. of: Paul Arthur Bentley (Alaska 2024). “404 (providing family allowance for maintenance during period of administration); AS 13.12.405 (providing source, determination method, and documentation method for property used to satisfy homestead allowance, exempt property, and family allowance).”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “The only recommendation not entirely in Amanda’s favor regarded the payment of a family allowance under AS 13.12.405(a), which allows a family allowance of up to $18,000 to a surviving spouse.”
— Alaska Stat. § 13.12.405(a) — 2 cases
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.405 (noting "children who are adults” may select property for exempt property allowance); UNIF.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “The only recommendation not entirely in Amanda’s favor regarded the payment of a family allowance under AS 13.12.405(a), which allows a family allowance of up to $18,000 to a surviving spouse.”
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