Excluding property passing to the surviving spouse under 42 U.S.C. 301 - 1397f (Social Security Act), the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including
(1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(2) the decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and
(3) all other property that would have been included in the augmented estate under AS 13.12.205(a)(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, the decedent's surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 12. Intestacy, Wills, and Donative Transfers
Article 2. Elective Share of Surviving Spouse.
Sec. 13.12.202. Elective share.
Sec. 13.12.203. Composition of the augmented estate.
Sec. 13.12.204. Decedent's net probate estate.
Sec. 13.12.205. Decedent's nonprobate transfers to others.
Sec. 13.12.206. Decedent's nonprobate transfers to the surviving spouse.
Sec. 13.12.207. Surviving spouse's property and nonprobate transfers to others.
Sec. 13.12.208. Exclusions, valuation, and overlapping application.
Sec. 13.12.209. Sources from which elective share payable.
Sec. 13.12.210. Personal liability of recipients.
Sec. 13.12.211. Proceeding for elective share; time limit.
Sec. 13.12.212. Right of election personal to surviving spouse; incapacitated surviving spouse.
Sec. 13.12.213. Waiver of right to elect and of other rights.
Sec. 13.12.214. Protection of payors and other third parties.