Disclaimer: This article provides general information on Alaska law and does not constitute legal advice.
What Is a Wrongful Death Claim in Alaska?
Under Alaska Statutes § 09.55.550–.600, survivors and the decedent’s estate can pursue damages for fatal injuries caused by negligence, including car accidents. A wrongful death claim addresses economic losses of the estate and non-economic losses of surviving family members.
Must You Open an Estate to Sue?
Yes. Alaska law requires that a wrongful death action be brought by the decedent’s personal representative. If no personal representative exists, an interested person must petition the superior court to appoint one. Securing that appointment usually involves opening an estate, but small estate procedures may apply if the estate qualifies.
Formal Probate
To open formal probate, file a petition in superior court and notify heirs and creditors. The court then issues letters of administration appointing your personal representative. Probate administration follows AS 13.16.010–.020.
Small Estate Procedure
If the estate’s total assets do not exceed $100,000 and do not include real property or complex claims, you can use Alaska’s small estate procedure under AS 13.26.235. This streamlined process lets you obtain a personal representative without full probate.
Steps to Appoint a Personal Representative
- Select an eligible representative (surviving spouse, adult child, or other interested party).
- File the appropriate petition for probate or small estate with the superior court.
- Serve notice on heirs and creditors according to court rules.
- Obtain letters of administration or a small estate order.
- File your wrongful death complaint in superior court once the representative is appointed.
Timing and Deadlines
Alaska imposes a two-year statute of limitations for wrongful death claims under AS 09.10.070(b)(1). Failure to file within two years of the date of death generally bars your claim.
Summary
In Alaska, you cannot pursue a wrongful death claim from a car accident without a personal representative. You must open an estate—via formal probate or small estate procedures—to secure that representative before filing your lawsuit.
Helpful Hints
- Review Alaska Statutes §§ 09.55.550–.600 to understand wrongful death requirements.
- Determine if the small estate procedure under AS 13.26.235 applies to your case.
- Gather information on all estate assets to choose between formal probate and small estate.
- Consult superior court probate rules for notice and filing requirements.
- Track the two-year statute of limitations carefully to avoid losing your right to sue.