Sec. 13.12.101. Intestate estate.
(a) A part of a decedent's estate not effectively disposed of by will passes by
intestate succession to the decedent's heirs as prescribed in AS 13.06 - AS
13.36, except as modified by the decedent's will.
(b) A decedent by will may expressly exclude or limit the right of an individual
or class to succeed to property of the decedent passing by intestate succession.
If that individual or a member of that class survives the decedent, the share of
the decedent's intestate estate to which that individual or class would have
succeeded passes as if that individual or each member of that class had
disclaimed the intestate share of the individual or member.
Sec. 13.12.102. Share of spouse.
(a) Except as provided in (b) of this section, the intestate share of a
decedent's surviving spouse is
(1) the entire intestate estate if
(A) no descendant or parent of the decedent survives the decedent; or
(B) all of the decedent's surviving descendants are also descendants of the
surviving spouse and there is no other descendant of the surviving spouse who
survives the decedent;
(2) the first $200,000, plus three-fourths of any balance of the intestate
estate, if no descendant of the decedent survives the decedent, but a parent of
the decedent survives the decedent;
(3) the first $150,000, plus one-half of any balance of the intestate estate, if
all of the decedent's surviving descendants are also descendants of the
surviving spouse and the surviving spouse has one or more surviving descendants
who are not descendants of the decedent;
(4) the first $100,000, plus one-half of any balance of the intestate estate, if
one or more of the decedent's surviving descendants are not descendants of the
surviving spouse.
(b) The intestate share of the surviving spouse in settlement common stock or
other inalienable stock in a corporation organized under the laws of the state
under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is
(1) all of it if there is no surviving issue; or
(2) one-half of it if the decedent is survived by issue.
Sec. 13.12.103. Share of heirs other than surviving spouse.
A part of the intestate estate not passing to the decedent's surviving spouse
under AS 13.12.102 , or the entire intestate estate if there is no surviving
spouse, passes in the following order to the individuals designated below who
survive the decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's parents equally if
both survive, or to the surviving parent;
(3) if there is no surviving descendant or parent, to the descendants of the
decedent's parents or either of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent, but
the decedent is survived by one or more grandparents or descendants of
grandparents, half of the estate passes to the decedent's paternal grandparents
equally if both survive, or to the surviving paternal grandparent, or to the
descendants of the decedent's paternal grandparents or either of them if both
are deceased, the descendants taking by representation; and the other half
passes to the decedent's maternal relatives in the same manner; but if there is
no surviving grandparent or descendant of a grandparent on either the paternal
or the maternal side, the entire estate passes to the decedent's relatives on
the other side in the same manner as the half.
Sec. 13.12.105. No taker.
If there is no taker under this chapter,
(1) personal property in the intestate estate passes to the state and is subject
to AS 34.45.280 - 34.45.780; if notice to heirs, substantially equivalent to
that required by AS 34.45.310 , has been given by the personal representative or
other person, AS 34.45.310 does not apply;
(2) real property in the intestate estate passes to the state and is subject to
AS 38.95.200 - 38.95.270.
Sec. 13.12.106. Representation.
(a) If, under AS 13.12.103 (1), all or part of a decedent's intestate estate
passes by representation to the decedent's descendants, the estate or part of
the estate passing is divided into as many equal shares as there are
(1) surviving descendants in the generation nearest to the decedent that
contains one or more surviving descendants; and
(2) deceased descendants in the same generation who left surviving descendants,
if any.
(b) Under (a) of this section, each surviving descendant in the nearest
generation is allocated one share, and the remaining shares, if any, are
combined and then divided in the same manner among the surviving descendants of
the deceased descendants as if the surviving descendants who were allocated a
share and their surviving descendants had predeceased the decedent.
(c) If, under AS 13.12.103 (3) or (4), all or part of a decedent's intestate
estate passes by representation to the descendants of the decedent's deceased
parents or either of them or to the descendants of the decedent's deceased
paternal or maternal grandparents or either of them, the estate or part of the
estate passing is divided into as many equal shares as there are
(1) surviving descendants in the generation nearest the deceased parents or
either of them, or the deceased grandparents or either of them, that contains
one or more surviving descendants; and
(2) deceased descendants in the same generation who left surviving descendants,
if any.
(d) Under (c) of this section, each surviving descendant in the nearest
generation is allocated one share, and the remaining shares, if any, are
combined and then divided in the same manner among the surviving descendants of
the deceased descendants as if the surviving descendants who were allocated a
share and their surviving descendants had predeceased the decedent.
(e) In this section, "deceased descendant," "deceased parent," or "deceased
grandparent" means a descendant, parent, or grandparent who either predeceased
the decedent or is considered to have predeceased the decedent under AS
13.12.104 .
Sec. 13.12.107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if the
were of the whole blood.
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