(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 extension.
(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.
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. 13.12.207. Surviving spouse’s property and nonprobate transfers to others.
- Sec. 13.12.209. Sources from which elective share payable.
- 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.