# Alaska Stat. § 13.12.211: Proceeding for elective share; time limit > Alaska · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.211 ## Section - **Citation:** Alaska Stat. § 13.12.211 - **Heading:** Proceeding for elective share; time limit - **Jurisdiction:** Alaska - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AK Code / Title 13 / Chapter 13.12 / Section 13.12.211 ## Text (a) Except as provided in (b) of this section, the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within six months after the probate of the decedent's will, whichever limitation expires later. The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in (b) of this section, the decedent's nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective share if the petition is filed more than nine months after the decedent's death. (b) Within nine months after the decedent's death, the surviving spouse may petition the court for an extension of time for making an election. If, within nine months after the decedent's death, the spouse gives notice of the petition to all persons interested in the decedent's nonprobate transfers to others, the court for cause shown by the surviving spouse may extend the time for election. If the court grants the spouse's petition for an extension, the decedent's nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective share and supplemental elective share amounts, if the spouse makes an election by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within the time allowed by the extension. (c) The surviving spouse may withdraw the surviving spouse's demand for an elective share at any time before entry of a final determination by the court. (d) After notice and hearing, the court shall determine the elective share and supplemental elective share amounts, and shall order payment of these amounts from the assets of the augmented estate or by contribution as appears appropriate under AS 13.12.209 and 13.12.210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of a person who has an interest in the fund or property or who has possession of the fund or the property, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but a person is not subject to contribution in a greater amount than the person would have been under AS 13.12.209 and 13.12.210 if relief had been secured against all persons subject to contribution. (e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions. ## Nearby sections - [Alaska Stat. § 13.12.101 Intestate estate.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.101.md) - [Alaska Stat. § 13.12.102 Share of spouse.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.102.md) - [Alaska Stat. § 13.12.103 Share of heirs other than surviving spouse.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.103.md) - [Alaska Stat. § 13.12.104 Requirement that heir survive decedent for 120 hours.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.104.md) - [Alaska Stat. § 13.12.105 No taker.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.105.md) - [Alaska Stat. § 13.12.106 Representation.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.106.md) - [Alaska Stat. § 13.12.107 Kindred of half blood.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.107.md) - [Alaska Stat. § 13.12.108 After-born heirs.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.108.md) - [Alaska Stat. § 13.12.109 Advancements.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.109.md) - [Alaska Stat. § 13.12.110 Debts to decedent.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.110.md) - [Alaska Stat. § 13.12.111 Alienage.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.111.md) - [Alaska Stat. § 13.12.113 Individuals related to decedent through two lines.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.113.md) - [Alaska Stat. § 13.12.114 Parent and child relationship.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.114.md) - [Alaska Stat. § 13.12.201 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.201.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.12_S13.12.211. Check the current official text before relying on it. Not legal advice.