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.

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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.