What is a surviving spouse’s right of election?
In Alaska, a surviving spouse’s right of election is a law that gives the surviving spouse the right to receive a portion of their late partner’s estate upon their death. This right was put in place to ensure that surviving spouses in Alaska have a legal way to gain access to their late partner’s assets. Under this law, the surviving spouse has the right to receive up to one-third of their late partner’s estate. This can include cash, investments, real estate, and other assets that the deceased had owned. The surviving spouse may also be entitled to a portion of their spouse’s pension, social security, or other similar benefits. The surviving spouse can “elect” to receive this one-third share of the estate, or they can choose to have the estate distributed according to the deceased’s will. If there is no will, then the estate will be divided according to Alaska’s intestate succession law. Surviving spouses in Alaska have the right to make an election for their late partner’s estate, regardless of whether or not a will has been written. It is important to note that the surviving spouse’s election must be made within one year of the deceased’s death, or else it may be forfeited.
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