Short answer

Generally, assets that passed automatically to your mother by right of survivorship (for example, joint tenancy property or a jointly titled bank account that names her as surviving joint owner) are nonprobate property and usually are not listed as part of the decedent’s probate estate inventory in Alaska. However, you should still identify and document those assets for the court, the personal representative, and creditors if the court or the probate process requires it. If anyone contests the survivorship claim, or if the asset was titled jointly for convenience but was intended as an estate transfer, the asset may become part of probate and must be listed.

Relevant Alaska law (where to look)

Alaska’s probate and estates laws are found in Title 13 of the Alaska Statutes. For general statutory guidance, see Alaska Statutes, Title 13 — Decedents’ Estates and Fiduciaries: https://www.akleg.gov/basis/statutes.asp#13. For practical probate forms and local court guidance, see Alaska Court System probate forms: https://public.courts.alaska.gov/web/forms/probate.htm.

Detailed answer — how Alaska treats survivorship assets and inventories

1) What “passes by right of survivorship” means: When property is owned jointly with a right of survivorship, the surviving owner becomes full owner automatically when the other owner dies. Common examples: joint tenancy real estate deeded as “joint tenants with right of survivorship,” joint bank accounts, and account designations such as payable-on-death (POD) or transfer-on-death (TOD) that name a specific surviving person.

2) Nonprobate vs. probate property: Alaska generally treats survivorship assets as nonprobate property because title passes by operation of law at death. Nonprobate assets are typically not administered through the decedent’s probate estate and therefore are not normally included in the probate inventory of assets that the personal representative lists for distribution to beneficiaries under the will or by intestacy.

3) Why you may still need to disclose them: Even though survivorship assets pass outside probate, you should document them for several reasons:

• To prove to the probate court and creditors that the assets passed outside probate and are not estate property.
• To show whether the decedent retained any interest that could be subject to creditor claims or estate accounting (for example, if the decedent contributed most of the funds to a joint account but titled it jointly near death).
• To resolve disputes when heirs or creditors contest whether the transfer was a true survivorship transfer or a disguised testamentary gift.

4) When a survivorship asset might become part of probate: The court may require listing or may treat the asset as part of the probate estate if:

• Someone successfully challenges the survivorship right (alleging forgery, undue influence, or lack of intent to create a survivorship tenancy).
• The survivorship title was created improperly or for the purpose of defrauding creditors.
• The decedent’s retained interest (like a right of reimbursement) gives the estate an enforceable claim against the asset.

Practical steps for a personal representative or family member in Alaska

1. Identify and list all titled assets, and note which pass by survivorship or beneficiary designation. Keep copies of deeds, account agreements, beneficiary forms, and statements.
2. When you prepare the probate inventory, include a clear section or attachment that lists nonprobate assets and the reason they are nonprobate (for example, “Joint bank account with right of survivorship — passes to surviving joint owner”). This helps the court and creditors understand what is outside probate.
3. Provide certified copies of the death certificate to banks, title companies, and agencies to transfer title when appropriate.
4. If the probate court or local rules require, file whatever form the court requests for inventory and attach documents showing nonprobate transfers. Check Alaska court probate forms at: https://public.courts.alaska.gov/web/forms/probate.htm.
5. If anyone contests the survivorship claim or if the asset’s status is unclear, consult an attorney promptly. A dispute can convert a nonprobate transfer into a contested issue in probate.

Illustrative hypothetical

Jane and her mother owned a house as joint tenants with right of survivorship and shared a joint bank account. When Jane dies, the house and the bank account automatically become her mother’s property by survivorship. Jane’s personal representative preparing the probate inventory typically does not list the house and the joint bank account as assets of Jane’s probate estate. Instead, the representative notes them on an attachment as nonprobate assets, provides copies of the deed and account records, and uses the death certificate to transfer title and close the account. If a sibling claims Jane only added the mother’s name shortly before death to avoid creditors, the court could examine that claim and possibly treat the property as part of the probate estate.

When to consult an attorney in Alaska

• If a bank or title company refuses to recognize a survivorship transfer.
• If heirs or creditors dispute ownership or allege wrongdoing in the creation of the joint title.
• If the personal representative is unsure what the probate inventory must show under local court rules.

Helpful hints

• Gather documentation early: deed, account agreements, beneficiary designations, past statements, and the death certificate.
• Label nonprobate items clearly in any inventory or attachments so the court and creditors see why they weren’t administered through probate.
• Keep a paper trail of communications with banks, title companies, and other institutions that transfer title.
• Remember that retirement accounts and life insurance with named beneficiaries also pass outside probate and should be treated the same way for inventory purposes.
• If you think title was changed as an estate-planning tactic near death, get legal advice promptly — timing and intent matter.
• Check local probate court rules or forms; some Alaska courts provide specific inventory forms or instructions.

Final note and disclaimer

This article provides general information about how survivorship assets are treated in Alaska probate situations. It is not legal advice and does not create an attorney-client relationship. For a definitive answer about a specific situation, consult a licensed Alaska attorney who handles probate and estate matters.