Under Alaska Statutes 13.12.207-13.12.214, the surviving spouse of a decedent domiciled in Alaska is entitled to an elective share of the estate. The amount of the elective share is equal to one-third of value of the augmented estate. The augmented estate consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent’s net probate estate, the decedent’s nonprobate transfers to others, the decedent’s nonprobate transfers to the surviving spouse, and the surviving spouse’s property and nonprobate transfers to others.
The one-third value is in addition to the surviving spouse’s homestead allowance, exempt property, and family allowance, if any.
The surviving spouse must file a petition for the election within nine months of the date of death of the decedent or six months after the probate is opened, whichever is later.