Excluding property passing to the surviving spouse under 42 U.S.C. § 3011397f (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;

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Terms Used In Alaska Statutes 13.12.206

  • Decedent: A deceased person.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Probate: Proving a will
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(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 Alaska Stat. § 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.