How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in Alaska? | Alaska Probate | FastCounsel
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How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in Alaska?

August 5, 2025 2 min read

Understanding Intestate Succession in Alaska

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

1. Overview of Alaska’s Intestacy Law

When a person dies without a valid will in Alaska, the estate passes under the Alaska Intestate Succession Act (AS 13.12). The court appoints a personal representative who locates, inventories, and distributes both real and personal property according to statutory priorities.

2. Identifying and Classifying Assets

The personal representative must identify all assets owned by the decedent at death, including:

  • Real Property: Land, structures, and fixtures titled in the decedent’s name alone (homes, vacant lots).
  • Personal Property: Tangible items (furniture, vehicles, jewelry) and intangible assets (bank accounts, stocks, retirement plans, life insurance).

The representative searches public records (land registries, county records), reviews bank statements, and contacts financial institutions. Jointly held assets and beneficiary-designated accounts generally pass outside probate and are not inventoried under AS 13.16.070 (Alaska Stat. § 13.16.070).

3. Preparing the Inventory

Under AS 13.16.070, the personal representative files an inventory and schedule with the probate court, listing:

  1. Description of each asset.
  2. Location or account number.
  3. Fair market value at date of death.

This inventory becomes part of the court record and guides distribution and creditor claims.

4. Determining Heirs and Shares

Alaska’s intestacy statutes order heirs by degree of relationship (AS 13.12.010). Key rules include:

  • Spouse Only: All assets to surviving spouse if no descendants.
  • Spouse and Descendants: Spouse receives first $100,000 plus one-half of remaining community property; descendants share the rest.
  • No Spouse: Assets divide equally among descendants. If no descendants, then parents, siblings, and further relatives under AS 13.12.040–.050.

5. Distributing Assets

After creditors and expenses are paid, the personal representative makes distributions per intestate shares. Real property may be transferred by court order. If multiple heirs cannot agree on selling or dividing real estate, the court may order a sale.

Final distribution is documented by a decree of distribution. Title companies then record deeds to new owners.

Helpful Hints

  • Begin early: locating property and accounts can take weeks.
  • Request certified copies of death certificates for financial institutions.
  • Use a professional appraiser for real estate and valuable personal items.
  • Keep detailed records of all communications and filings with the court.
  • Consult probate rules in AS Title 13 for deadlines: missing dates can delay distribution.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.