(a) Except to the extent included in the augmented estate under AS 13.12.204 or 13.12.206, the value of the augmented estate includes the value of
(1) property that was owned by the decedent’s surviving spouse at the decedent’s death, including
(A) the surviving spouse’s fractional interest in property held in joint tenancy with the right of survivorship;
(B) the surviving spouse’s ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and
(C) property that passed to the surviving spouse by reason of the decedent’s death, but not including the spouse’s right to homestead allowance, family allowance, exempt property, or payments under 42 U.S.C. 301 — 1397f (Social Security Act); and
(2) property that would have been included in the surviving spouse’s nonprobate transfers to others, other than the spouse’s fractional and ownership interests included under (1)(A) or (B) of this subsection, had the spouse been the decedent.
(b) Property included under this section is valued at the decedent’s death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of (a)(1)(A) and (B) of this section, the values of the spouse’s fractional and ownership interests are determined immediately before the decedent’s death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of (a)(2) of this section, proceeds of insurance that would have been included in the spouse’s nonprobate transfers to others under AS 13.12.205(a)(1)(D) are not valued as if the spouse were deceased.
(c) The value of property included under this section is reduced by enforceable claims against the surviving spouse.
Other Sections in this Chapter:
- Sec. 13.12.101. Intestate estate.
- Sec. 13.12.103. Share of heirs other than surviving spouse.
- Sec. 13.12.105. No taker.
- Sec. 13.12.107. Kindred of half blood.
- Sec. 13.12.109. Advancements.
- Sec. 13.12.111. Alienage.
- Sec. 13.12.113. Individuals related to decedent through two lines.
- Sec. 13.12.201. Definitions.
- Sec. 13.12.203. Composition of the augmented estate.
- Sec. 13.12.205. Decedent’s nonprobate transfers to others.
- Sec. 13.12.209. Sources from which elective share payable.
- Sec. 13.12.211. Proceeding for elective share; time limit.
- Sec. 13.12.213. Waiver of right to elect and of other rights.
- Sec. 13.12.301. Entitlement of spouse; premarital will.
- Sec. 13.12.401. Applicable law.
- Sec. 13.12.403. Exempt property.
- Sec. 13.12.405. Source, determination, and documentation.
- Sec. 13.12.501. Who may make will.
- Sec. 13.12.504. Self-proved will.
- Sec. 13.12.506. Choice of law as to execution.
- Sec. 13.12.508. Revocation by change of circumstances.
- Sec. 13.12.510. Incorporation by reference.
- Sec. 13.12.512. Events of independent significance.
- Sec. 13.12.514. Contracts concerning succession.
- Sec. 13.12.516. Duty of custodian of will; liability.
- Sec. 13.12.530. Establishment of will validity before death.
- Sec. 13.12.535. Establishment of trust validity before death.
- Sec. 13.12.540. Venue.
- Sec. 13.12.545. Contents of petition for will validity.
- Sec. 13.12.550. Contents of petition for trust validity.
- Sec. 13.12.555. Declaration by court.
- Sec. 13.12.560. Binding effect of declaration.
- Sec. 13.12.565. Hearing and notice.
- Sec. 13.12.570. Burden of proof.
- Sec. 13.12.575. Change to will after declaration.
- Sec. 13.12.580. Change to trust after declaration.
- Sec. 13.12.585. Confidentiality.
- Sec. 13.12.590. Definitions.
- Sec. 13.12.601. Scope.
- Sec. 13.12.603. Antilapse; deceased devisee; class gifts.
- Sec. 13.12.605. Increase in securities; accessions.
- Sec. 13.12.607. Nonexoneration.
- Sec. 13.12.609. Ademption by satisfaction.
- Sec. 13.12.701. Scope.
- Sec. 13.12.703. Choice of law as to meaning and effect of governing instrument.
- Sec. 13.12.705. Class gifts; terms of relationship.
- Sec. 13.12.707. Survivorship with respect to future interests under terms of trust; substitute takers.
- Sec. 13.12.709. Distribution by representation, per capita at each generation, and per stirpes.
- Sec. 13.12.711. Interests in heirs and other persons.
- Sec. 13.12.720. Family-owned business deduction. Repealed
- Sec. 13.12.802. Effect of divorce, annulment, and decree of separation.
- Sec. 13.12.804. Effect of divorce, annulment, and other changes of circumstances on probate and nonprobate transfers.
- Sec. 13.12.907. Honorary trusts; trusts for pets.
- Sec. 13.12.912. International will; validity.
- Sec. 13.12.914. International will; other points of form.
- Sec. 13.12.916. International will; effect of certificate.
- Sec. 13.12.918. Source and construction.
- Sec. 13.12.920. International will information registration.