Alaska — Which Assets Go Through Probate vs. Pass Directly to Survivors

Short answer

In Alaska, assets titled only in the decedent’s name with no designated beneficiary or survivorship feature generally must go through probate (court administration) so a personal representative can transfer them. Many other assets pass directly to survivors without probate because the law or the account title/beneficiary designation creates an automatic transfer at death.

Detailed answer — what typically goes through probate in Alaska

The probate process in Alaska is controlled by the Alaska Probate Code (Title 13 of the Alaska Statutes). See the Alaska statutes for probate: Alaska Statutes, Title 13 (Probate & Estates). Probate is the court process used to:

• establish a valid will (if there is one),
• appoint a personal representative (executor/administrator),
• identify the decedent’s assets and debts, and
• transfer or distribute assets that are part of the decedent’s probate estate.

Assets that commonly must go through probate in Alaska include:

• Real estate titled solely in the decedent’s name (no joint owner with right of survivorship, no transfer-on-death deed).
• Bank accounts and investment accounts held solely in the decedent’s name that do not have payable-on-death (POD), transfer-on-death (TOD), or beneficiary designations.
• Personal property (furniture, jewelry, collections) owned solely by the decedent without a beneficiary or transfer mechanism.
• Business interests (sole proprietorships, membership interests or closely held shares) that lack a buy-sell or transfer mechanism triggered at death.
• Assets where the title or contract names the decedent as sole owner and no statutory exception applies.

Probate matters and procedures are described by the Alaska Probate Code. For general court procedures and forms, the Alaska Court System maintains probate resources and instructions: Alaska Court System — Probate Information.

Detailed answer — what typically passes directly to survivors (non‑probate assets)

Many assets avoid probate because the ownership arrangement or beneficiary designation causes ownership to pass automatically at death. Common non‑probate assets include:

• Jointly owned property with right of survivorship: If property (bank account, real estate, etc.) is titled in joint tenancy (or tenancy by the entirety where applicable) with survivorship language, the surviving joint owner(s) continue to own the asset without probate.
• Payable-on-death (POD) bank accounts and transfer-on-death (TOD) investment accounts: Accounts with POD or TOD designations pay to the named beneficiary on death and do not go through probate when properly designated.
• Life insurance proceeds and retirement accounts: Life insurance policies, IRAs, 401(k)s, and other retirement plans pay the named beneficiary directly according to the plan or policy documents. The plan’s beneficiary designation controls distribution, subject to plan rules and federal law.
• Assets with designated beneficiaries or transfer-on-death deeds: Some states allow beneficiary deeds (transfer-on-death deeds) for real property or TOD registrations for securities. If an asset is conveyed by a valid transfer-on-death instrument recognized by Alaska law, it will pass outside probate.
• Small-sum collections and certain statutory allowances: Alaska law provides simplified procedures for very small estates or for certain allowances/exemptions. (See Alaska Probate Code for details.)

To determine whether a particular account or policy will avoid probate, review the account title and beneficiary designation documents. Even a small beneficiary form on a retirement plan can control distribution and avoid probate.

Common complications and important details

• Title controls: Courts generally look to how assets are titled on the date of death. A beneficiary designation on an account generally controls over instructions in a will.
• Joint ownership is not always simple: Joint accounts opened for convenience can create unintended survivorship rights or tax consequences. A joint account with someone who is not intended to inherit can complicate distribution.
• Wills do not always avoid probate: A will is implemented through probate — it does not by itself transfer title at death. If an asset has a valid beneficiary designation or survivorship feature, that designation typically takes priority over a will.
• Debts and creditors: Probate is the normal process creditors use to make claims against the estate. Non‑probate transfers may still be reachable by creditors in some circumstances.
• Real property: If Alaska recognizes a transfer-on-death deed or similar mechanism for real property and it is properly executed, the property can pass outside probate. Confirm the precise rules and required language before relying on a deed to avoid probate.

Practical steps to determine what will go through probate

1. Make an inventory of assets and note how each is titled (who is the owner; is there a joint owner; is there a beneficiary on file?).
2. Check insurance and retirement plan beneficiary forms — these often control who receives the asset.
3. Look for transfer-on-death/beneficiary deed documents for real estate or TOD registrations for securities.
4. Consult the Alaska Probate Code (Title 13) for procedures if you believe probate is required: Alaska Statutes, Title 13.
5. If the estate appears to need probate or if ownership is unclear, contact an Alaska probate attorney or the local probate clerk — probate rules and deadlines are important.

When to get help from an Alaska attorney

Seek legal help if:

• you cannot identify clear beneficiaries or owners of property,
• the estate includes real property or business interests,
• claims from creditors are likely, or
• someone contests a will or the right to serve as personal representative.

An attorney can advise whether probate is required, whether simplified procedures apply, and how to preserve assets and avoid mistakes that can delay distribution.

Helpful Hints

• Confirm beneficiary designations on life insurance and retirement accounts; update them after major life events (marriage, divorce, births).
• Check how property is titled before you need it — joint ownership can have unintended consequences.
• Keep an organized file of account statements, deeds, beneficiary forms, and your will so survivors can quickly identify which assets avoid probate.
• Ask financial institutions whether an account is set up POD, TOD, joint tenancy, or payable to estate — each has different consequences at death.
• If the estate seems small or you believe a simplified procedure should apply, ask the probate clerk or an attorney about Alaska’s small-estate options under Title 13.
• Remember: a will must be probated to be effective, but beneficiary designations and survivorship ownership typically bypass probate.