How Do Intestacy Rules Apply if No Valid Will Is Found in Alaska? | Alaska Probate

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

Detailed Answer

What Is Intestacy in Alaska?

When someone dies without a valid will, they die “intestate.” Under Alaska law, the probate court distributes the decedent’s estate according to the intestate succession rules in AS 13.12.010 through AS 13.12.020.

Order of Distribution Under Alaska Statutes

1. Surviving Spouse

Per AS 13.12.011, the surviving spouse receives a preferential share:

If there are no surviving descendants or parents, the spouse receives the entire estate.
If all surviving descendants are also descendants of the spouse, the spouse receives $100,000 plus half of the remaining balance; the descendants share the rest.
If some descendants are not descendants of the spouse, the spouse still receives $100,000 plus half of the balance; the descendants share the other half.
If there are no descendants but there are surviving parents, the spouse receives $100,000.

2. Children and Other Descendants

After the spouse’s share, or if there is no spouse, the remainder passes to the decedent’s descendants by right of representation under AS 13.12.010.

3. Parents and Siblings

If there is no spouse or descendant, the estate passes to surviving parents equally under AS 13.12.200. If no parents survive, the estate goes to siblings and the descendants of deceased siblings.

4. Other Relatives and Escheat

If no spouse, descendants, parents, or siblings exist, the estate passes to more distant relatives (grandparents, aunts, uncles, cousins). If no heirs are found, the estate escheats to the State of Alaska under AS 13.12.020.

Filing Probate Under Alaska Law

An interested party may file a petition with the Alaska Superior Court to open an intestate estate proceeding. The court appoints an administrator, issues letters of administration, and oversees creditor claims and distribution. See AS Title 13.16 for procedures.

Helpful Hints

Compile a detailed family tree to identify potential heirs.
Search for any valid wills or codicils before proceeding as intestate.
List all assets, debts, and account information.
Consider consulting an Alaska probate attorney to navigate court procedures.
File the probate petition promptly in the appropriate superior court.