Detailed answer

Short answer: Yes — heirs of a deceased sibling who inherited (or would inherit) an ownership interest can and generally must be included in a partition action in Alaska. How you add them depends on whether the decedent’s estate has been opened in probate, whether a personal representative exists, and whether the heirs are known or unknown.

Why heirs matter in a partition

A partition action divides or sells real property owned by two or more people. The court can only divide the property fairly among all persons who hold a legal or equitable interest in the property. If your sibling died owning part of the property, that ownership interest passed to the heir(s) by inheritance or by operation of law. Those heirs therefore are necessary parties to a partition action.

Relevant Alaska authorities (where to look)

• Alaska probate and intestate succession rules — Alaska Statutes, Title 13 (Decedents’ Estates). See the Alaska Legislature’s statutes pages for Title 13: https://www.akleg.gov/basis/statutes.php
• Alaska Rules of Civil Procedure — rules on joinder of parties and substitution after death (see the court rules for guidance on joining necessary parties and substituting parties if someone dies): https://public.courts.alaska.gov/web/rules/docs/ak-rules-civ-procedure.pdf

Common scenarios and the usual steps to add heirs

1) Probate is open and a personal representative (executor/administrator) is appointed

If the decedent’s estate is in probate and a personal representative has been appointed, you usually can (and should) add the personal representative to the partition case instead of naming each heir individually. The personal representative represents the estate’s interests in litigation until the estate is closed. Typical steps:

1. Obtain the court-issued Letters Testamentary or Letters of Administration from the probate file.
2. File an amended complaint or joinder naming the personal representative as a party defendant (or plaintiff if appropriate); attach a copy of the appointment documents if requested.
3. Serve the personal representative according to civil procedure rules.

2) No probate opened or no personal representative

If there is no probate proceeding and no appointed personal representative, you generally must determine who the heirs are and add them directly as parties. Steps include:

1. Check public records (death certificate, will, prior probate filings, title records) to identify potential heirs.
2. Prepare and file an amended complaint or a motion to join parties naming each heir you can identify and their expected share of the decedent’s interest.
3. Serve the heirs by the methods required under the Alaska Rules of Civil Procedure (personal service, certified mail, or, if permitted, service by publication for unknown or unlocatable persons).
4. If heirs do not answer, seek default or other relief under the civil rules.

3) Heirs are unknown, unlocatable, or minors/incapacitated

If you cannot identify or locate heirs, or if an heir is a minor or legally incapacitated, Alaska courts allow alternative procedures:

• Ask the court to permit service by publication or by other substituted service for unknown or unlocatable heirs.
• Request the appointment of a guardian ad litem to represent minors or persons under disability in the partition action.
• If the estate must be probated to locate heirs, the court may require probate proceedings first or may allow joinder of the estate’s representative once appointed.

4) Someone dies after the partition case begins

If a party dies during the pendency of the partition action, use the civil rules that govern substitution of parties after death. Usually the court allows substitution of the deceased party’s personal representative or heirs; you’ll file a suggestion of death and a motion or amended pleading to substitute the proper party.

Practical steps to add heirs (checklist)

1. Confirm whether the decedent held a legal interest in the property at death (title search).
2. Search for probate filings in the superior court where the decedent lived — if a probate is open, obtain the personal representative’s contact and Letters.
3. Identify heirs using the decedent’s family information, death certificate, will (if any), and public records.
4. Prepare an amended complaint or motion to join necessary parties; explain the decedent’s interest and list the heirs by name and their expected share.
5. File the amended pleading with the court and serve all new parties in accordance with Alaska civil procedure rules (personal service, certified mail, or court-authorized substituted service).
6. If heirs can’t be found, ask the court for alternative service and appointment of a guardian ad litem as needed.
7. Keep records: death certificate, probate docket, proof of service, and any Letters — the court will want those documents.

Potential complications to watch for

• Boundary or title disputes that raise adverse claims may require quiet-title-type pleadings in addition to partition requests.
• If the decedent’s interest passed under a will, beneficiaries under the will — or the estate’s representative — must be joined.
• Conflicting claims among heirs (disputes over shares, surviving spouse rights, community property issues) can extend the proceedings.
• Timing and statute-of-limitations concerns — act promptly once you know someone with an interest has died or that heirs exist.

For general guidance about probate and intestate succession in Alaska, see the Alaska statutes on decedents’ estates (Title 13): https://www.akleg.gov/basis/statutes.php. For procedures about joinder and substitution, consult the Alaska Rules of Civil Procedure: https://public.courts.alaska.gov/web/rules/docs/ak-rules-civ-procedure.pdf.

Remember: procedural rules and forms can require specific wording, proof (death certificates, Letters), and particular service methods — following the rules closely reduces delays.

Helpful Hints

• Start with a title and probate records search — those documents often show whether the decedent’s interest passed by will or by intestacy.
• If probate exists, join the personal representative rather than trying to identify every heir immediately.
• If no probate exists and heirs are unclear, consider opening a limited probate or a small estate proceeding to identify heirs before or concurrently with the partition action.
• Use certified mail with return receipt where possible to create strong proof of service on heirs.
• If an heir is missing, ask the court early for permission to serve by publication rather than waiting until later in the case.
• Document everything: death certificates, attempted service, searches for heirs, and communications — courts rely heavily on this paperwork.
• If heirs are in another state, follow the rules for out-of-state service; consider counsel for cross-jurisdiction issues.
• Consult the Alaska court clerk’s office for local filing requirements and any required forms for joinder, substitution, or service by publication.