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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 404. Family Allowance.
previous: Section 403
. Exempt Property.
next: Section 405
. Source, Determination, and Documentation.
AS 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.
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