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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;
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(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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