Don’t Want Your Spouse to Inherit? Here’s What You Can—and Can’t—Do

In Alaska and many other states, the answer isn’t simple. While you may have the freedom to leave your assets to whomever you choose, the law places important limits when it comes to disinheriting a spouse. Here’s what you need to know.

Can You Disinherit Your Spouse?

No, you generally cannot completely disinherit your spouse unless they agree to it in writing. Alaska law protects surviving spouses with what’s called the elective share. This is a legal right that allows a surviving spouse to claim a portion of the estate—usually up to one-third—even if the will or trust says otherwise.

So, if you’re thinking, “I don’t want my spouse to inherit anything,” know that it’s only legally possible if your spouse waives their rights through a prenuptial or postnuptial agreement.

How to Disinherit a Spouse (Legally)

If you’re wondering how to disinherit your spouse, or at least reduce what they receive, you’ll need to be strategic with your estate planning. While you can’t simply write them out of your will and assume it will stand, you can:

• Create a prenuptial or postnuptial agreement where your spouse voluntarily gives up their right to the elective share.
• Set up a revocable living trust, which can help remove some assets from the probate estate.
• Use beneficiary designations (on life insurance, IRAs, and payable-on-death accounts) to control who receives certain assets directly.
• Make lifetime gifts to children, relatives, or charitable organizations to reduce the size of your estate.
• Leave assets in trust with limited rights to your spouse, protecting the balance for other heirs.

Exactly what to do in your situation depends on expert legal advice. Keep in mind: in Alaska, even assets held outside of probate may be counted in the “augmented estate” when calculating the elective share. That’s why it’s essential to work with an experienced probate lawyer near you who understands the details of Alaska estate law.

What If I Don’t Want My Spouse to Inherit Anything?

If your goal is to ensure that your spouse receives nothing or very little, the only ironclad method is to get them to sign a valid legal waiver. This usually happens in the form of a:

• Prenuptial Agreement – signed before marriage.
• Postnuptial Agreement – signed after marriage.

These documents must be voluntary, in writing, and based on full disclosure. They are often used in second marriages, especially when one spouse wants to protect assets for children from a previous relationship.

What Else Does a Surviving Spouse Get?

Even if you try to reduce your spouse’s inheritance, Alaska law still grants them:

• The Elective Share (up to one-third of the augmented estate)
• Homestead Allowance (currently $27,000)
• Family Allowance (reasonable support during probate)
• Exempt Property Allowance (household items, vehicles, etc.)
• An Additional $50,000 in some situations, depending on the estate’s size and family structure

These statutory rights make it difficult to leave your spouse with nothing unless they have legally waived those rights.

When to Call a Probate Lawyer Near You

Navigating estate planning and probate laws without legal guidance can lead to costly mistakes—especially when a surviving spouse is involved. Whether you’re trying to prevent your spouse from inheriting or you’re the executor of an estate and facing an elective share claim, it’s best to work with a local probate attorney.

A qualified probate lawyer near you can:

• Draft valid prenups and postnups
• Set up trusts that protect your intentions
• Help you understand how the elective share applies
• Represent you during disputes or probate litigation

Bottom Line

If you’re saying to yourself, “I don’t want my spouse to inherit,” the law may not let you fully cut them out—but with careful planning, you can minimize what they receive and protect your legacy. The key is understanding your rights, your spouse’s rights, and how Alaska probate law works.

Before making any decisions, consult with a knowledgeable probate lawyer near you to create a legally sound estate plan that reflects your wishes.

Need help planning your estate?
Contact a trusted probate attorney near you today to discuss how to protect your assets and control your legacy.