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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 405. Source, Determination, and Documentation.
previous: Section 404
. Family Allowance.
next: Section 501
. Who May Make Will.
AS 13.12.405. Source, Determination, and Documentation.
- (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
Article 05. WILLS, WILL CONTRACTS, AND CUSTODY AND DEPOSIT OF WILLS
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