Elective Share in Alaska
State-specific overview · Estate & Probate
Alaska spouses receive one-third of the estate, or one-half if no children or parents survive.
How Alaska treats Elective Share
Alaska provides a surviving spouse an elective share of one-third of the estate if the deceased left descendants or parents. If no descendants or parents survive, the spouse receives one-half of the estate. The elective share is calculated on the net probate estate. Alaska also recognizes community property rights in certain circumstances, which may affect the elective share calculation.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Alaska.