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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 301. Entitlement of Spouse; Premarital Will.
previous: Section 214
. Protection of Payors and Other Third Parties.
next: Section 302
. Omitted Children.
AS 13.12.301. Entitlement of Spouse; Premarital Will.
- (a) If a testator's surviving spouse married the testator after the testator executed the testator's will, the surviving
spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving
spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that
neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is
not a child of the surviving spouse nor is devised to a descendant of such a child or passes under AS 13.12.603
or 13.12.604 to such a child or to a descendant of
such a child, unless
- (1) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the
- (2) the will expresses the intention that it is to be effective notwithstanding a subsequent marriage; or
- (3) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a
testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer
or other evidence.
- (b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any,
are applied first, and other devises, other than a devise to a child of the testator who was born before the testator
married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under AS 13.12.603
or 13.12.604 to a descendant of the child, abate as
provided in AS 13.16.540
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