Detailed Answer
When someone dies without a will in Alaska, the laws of AS 13.12.010 govern the distribution of assets. If the decedent left no surviving spouse but has three children, the estate passes equally to those children.
Key points under AS 13.12.010(a)(4):
- No spouse survives the decedent.
- The estate flows directly to the decedent’s descendants—in this case, the three children.
- Each child takes an equal share. For example, if the estate’s net value is $300,000, each child receives one-third, or $100,000.
If a child predeceases but leaves descendants, those grandchildren inherit that child’s share by representation (AS 13.12.011).
To begin probate, an interested person—often one of the children—files a petition in the superior court in the district where the decedent lived. The court appoints an administrator to gather assets, pay debts, and distribute the remainder to the children per the statute.
Small Estate Exception: If the estate holds only personal property valued under $150,000 and no real property, any heir may use a small estate affidavit to collect assets without formal administration (AS 13.52.020).
Helpful Hints
- Confirm parent-child relationships with certified birth certificates or court orders.
- Check for secured debts before distributing assets to avoid personal liability.
- Consider the small estate affidavit when total personal assets fall below $150,000.
- Gather asset records: bank statements, titles, and deeds.
- File for probate in the superior court of the decedent’s last residence.
- Consult a probate attorney early to navigate court deadlines and paperwork.
Disclaimer: This article provides general information about Alaska intestate succession and is not legal advice. Always consult a qualified attorney regarding your specific situation.