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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 211. Proceeding For Elective Share; Time Limit.
previous: Section 210
. Personal Liability of Recipients.
next: Section 212
. Right of Election Personal to Surviving Spouse; Incapacitated Surviving Spouse.
AS 13.12.211. Proceeding For Elective Share; Time Limit.
- (a) Except as provided in (b) of this section, the election shall be made by filing in the court and mailing or delivering
to the personal representative, if any, a petition for the elective share within nine months after the date of the
decedent's death, or within six months after the probate of the decedent's will, whichever limitation expires later.
The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to
the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the
taking of the elective share. Except as provided in (b) of this section, the decedent's nonprobate transfers to others
are not included within the augmented estate for the purpose of computing the elective share if the petition is filed
more than nine months after the decedent's death.
- (b) Within nine months after the decedent's death, the surviving spouse may petition the court for an extension of time
for making an election. If, within nine months after the decedent's death, the spouse gives notice of the petition to
all persons interested in the decedent's nonprobate transfers to others, the court for cause shown by the surviving
spouse may extend the time for election. If the court grants the spouse's petition for an extension, the decedent's
nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective
share and supplemental elective share amounts, if the spouse makes an election by filing in the court and mailing or
delivering to the personal representative, if any, a petition for the elective share within the time allowed by the
- (c) The surviving spouse may withdraw the surviving spouse's demand for an elective share at any time before entry of a
final determination by the court.
- (d) After notice and hearing, the court shall determine the elective share and supplemental elective share amounts, and
shall order payment of these amounts from the assets of the augmented estate or by contribution as appears appropriate
under AS 13.12.209
and 13.12.210. If it appears that a fund or property
included in the augmented estate has not come into the possession of the personal representative, or has been
distributed by the personal representative, the court nevertheless shall fix the liability of a person who has an
interest in the fund or property or who has possession of the fund or the property, whether as trustee or otherwise.
The proceeding may be maintained against fewer than all persons against whom relief could be sought, but a person is
not subject to contribution in a greater amount than the person would have been under AS 13.12.209
and 13.12.210 if relief had been secured against all
persons subject to contribution.
- (e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of
this state or other jurisdictions.
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