Detailed Answer: How children inherit when a parent dies without a will in Alaska
When someone dies without a will (intestate), Alaska law sets who inherits and in what order. The core rule is that a decedent’s children (their “issue”) inherit the decedent’s estate according to the rules of intestate succession in AS 13.12. In plain terms:
- If the decedent is survived by one or more children and no spouse, the children inherit the entire estate, sharing it among themselves.
- If a child died before the decedent but left children of their own (the decedent’s grandchildren), those grandchildren generally take the deceased child’s share by “representation” (often called per stirpes distribution).
- Adopted children inherit as if they were biological children. Stepchildren do not inherit under intestacy unless they were legally adopted or otherwise qualify under Alaska law.
The statute that governs distribution to descendants is in Alaska’s intestate succession code. See AS 13.12 (for example, see AS 13.12.200 and surrounding sections for the full statutory scheme).
How shares are divided among children (simple examples)
Most commonly you will see these scenarios:
- Two surviving children, no spouse: each child takes half.
- Three surviving children, no spouse: each child takes one-third.
- One child predeceased the decedent but left two children (grandchildren): the living children and the grandchildren collectively split the estate so that the predeceased child’s branch takes the predeceased child’s share, divided among that branch. For example: if there were three total branches (Child A alive, Child B deceased with two children, Child C alive), Child A gets 1/3, Child C gets 1/3, and Child B’s two children split 1/3 (each 1/6).
Important special situations
- Children born after the decedents death (posthumous children) may inherit if Alaska law recognizes them as issue under the statutory rules.
- Children whose paternity is unresolved may not be recognized as heirs until paternity is established. DNA and court paternity actions can be necessary to confirm inheritance rights.
- Children who legally disclaim an inheritance remove themselves and their descendants (unless state law says otherwise) from the line of succession.
- If the decedent left a surviving spouse as well as children, the spouses share can affect how much the children receive. See the intestate statute for spouse-versus-children splits: AS 13.12.010 and related sections.
Who serves as administrator and how the estate is handled
When someone dies intestate, the probate court appoints a personal representative (often called an administrator) to gather assets, pay debts, and distribute assets to heirs. Priority for appointment often follows the interested heirs (children and other close relatives). Specific procedures for appointment and administration are in Alaskas probate statutes and court rules (see the Alaska probate code, Title 13). For statutory guidance on probate procedures and appointment of administrators, see the Alaska statutes at AS 13.16 (probate administration provisions).
Helpful Hints
- Confirm whether a valid will exists. A purported will can change everything; check safe-deposit boxes and with family members.
- Collect vital records: birth, adoption, and paternity documentation will be essential to prove who is an heir.
- If a child predeceased the decedent, obtain death certificates and birth records for the deceased childs offspring to prove their right to represent that branch.
- If paternity is in question, consider genetic testing and talk to a probate attorney about pursuing a paternity determination before distribution.
- If the estate seems small, check Alaskas small estate procedures; simplified methods may exist to avoid full probate.
- When in doubt, contact the probate clerk at the local Alaska court to learn filing requirements and forms for opening an intestate estate.
- Consider consulting a probate attorney if the estate has contested heirs, significant assets, debts, tax issues, or complicated family relationships. An attorney can help with formal appointment, notices to creditors, and distribution under AS 13.12.
Disclaimer: This article explains general principles of Alaska intestate succession for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Alaska attorney.