Probate in Alaska: What Your Family Goes Through Without a Will
When someone dies without a will in Alaska, the estate is distributed under the state's intestate succession laws through the Alaska Superior Court. In the right circumstances, your assets can bypass this entirely.
Those exceptions include the following.
- Life insurance policies that have a designated beneficiary.
- Retirement accounts with a designated beneficiary.
- Property held in joint tenancy with right of survivorship.
- Your bank accounts that have a payable-on-death designation will go to that person.
If none of these apply, Alaska offers a small estate affidavit process under AS 13.16.680 for estates where personal property is worth $50,000 or less and any vehicles are worth $100,000 or less, once at least 30 days have passed since the death.
Succession Laws Without a Will in Alaska
Alaska is not automatically a community property state, though married couples can opt in to a community property agreement by written contract. Absent that election, under Alaska Statutes 13.12.102, the lines of succession without a will are below..
- If you are married with no descendants and no surviving parent, your spouse inherits everything.
- If you have no descendants but a surviving parent, your spouse inherits the first $200,000, plus three-quarters of the balance. Your parent inherits the rest.
- If all of your descendants are also your spouse's, and your spouse has other descendants from another relationship, your spouse inherits the first $150,000, plus half of the balance.
- If one or more of your descendants are not your spouse's, your spouse inherits the first $100,000, plus half of the balance. Your descendants inherit the rest.
Want to compare your options before or after probate? Compare what is included in a will and a trust.