The surviving spouse has a statutory right of election to claim one-third of the augmented estate. Alaska Stat. § 13.11.070(a). The augmented estate consists of all of the property of the decedent at time of the death including property in the decedent’s name alone, all jointly titled property, property transferred to anyone other than a bona fide purchaser during the duration of the marriage, and property with beneficiary designations—for example, life insurance, retirement accounts, among others. Alaska Stat. § 13.11.075.
The surviving spouse must file the petition for the elective share by the later of nine months after the decedent’s death or six months after probate of the decedent’s will. Alaska Stat. § 13.11.090(a).