Disclaimer: This is educational information, not legal advice. Laws change and every situation is different. Consult a licensed Alaska attorney to make decisions about your specific case.

Detailed answer — practical steps under Alaska law

Below is a clear, step-by-step explanation of how co-owned real estate in Alaska can be sold to cover funeral bills and unpaid property taxes. A short hypothetical illustrates the issues.

Hypothetical facts (example)

Two siblings own a cabin in Anchorage as tenants in common. One sibling dies and leaves unpaid funeral bills and unpaid borough property taxes. The surviving sibling cannot cover the bills alone and wants to sell the cabin so the estate (or both owners) can pay the obligations.

Step 1 — Confirm how title is held

Find the deed at the county (borough) recorder’s office or through a title search. Common ownership types:

• Joint tenants with right of survivorship: The property automatically passes to the surviving owner(s) outside probate. The survivor can sell or refinance without involving the deceased owner’s estate.
• Tenants in common: Each owner has a share that can pass to heirs. If an owner died, that owner’s share likely went to his or her estate and may need probate to transfer the deceased owner’s interest before a clean sale.
• Ownership via trust, LLC or other entity: Follow the entity or trust document rules.

Step 2 — If the deceased owner’s share is involved, check probate options

If the deceased owner’s share passed to their estate, the personal representative (executor) handles estate assets and pays debts in the order Alaska law requires. Alaska has probate procedures for full and simplified administration. For general information about Alaska probate procedures and forms, check the Alaska Court System self-help pages: https://courts.alaska.gov. For statutory guidance, see the Alaska Legislature website: https://www.akleg.gov.

Step 3 — Ways to sell or otherwise realize cash from the property

Which route you use depends on title, the co-owners’ agreement, and whether the deceased owner’s estate has been opened. Typical options:

• Voluntary sale by agreement: All co-owners (and an estate personal representative, if needed) agree to list and sell. Proceeds pay funeral bills, taxes, liens, and mortgage, with remaining funds divided per ownership shares.
• Buyout: One co-owner buys the other’s share at an agreed price (or a court-ordered valuation), avoiding a public sale.
• Sale by personal representative during probate: If the estate owns the decedent’s share, the personal representative can sell estate property if the will or court permits and the sale is necessary to pay debts. The probate court or Alaska probate rules explain the scope of authority.
• Partition action (forced sale): If co-owners cannot agree, any co-owner can file a civil partition action in superior court to divide the property or force a sale and distribute proceeds. Partition is the legal remedy to compel sale or division when agreement fails.

Step 4 — Paying funeral expenses and property taxes

Priority and payment sources usually follow this path:

• Funeral expenses are generally an allowable claim against the decedent’s estate. The personal representative must present and pay valid claims according to probate procedures. See Alaska probate resources at https://courts.alaska.gov.
• Property taxes are a lien on the property. The local borough or municipality enforces tax liens. Unpaid taxes may need payment at sale closing or may be cleared by the sale proceeds. Contact the local borough tax office for exact procedures and redemption periods.
• If the property is sold voluntarily, closing proceeds typically pay outstanding taxes, mortgage liens, and validated estate claims (including funeral charges) before any leftover distribution to owners or heirs.
• If the property is sold via partition or by a personal representative, the court or closing process usually requires satisfaction of recorded liens (including tax liens) from sale proceeds.

Step 5 — Practical checklist and timeline

1. Get a copy of the deed and any mortgage statements. Confirm ownership type at the recorder’s office or via a title company.
2. If a co-owner has died, determine whether an estate has been opened with the Alaska probate court. If not, consider opening a probate estate if the decedent’s share has value or creditors exist.
3. Get pay-off figures for mortgages and tax liens from the county/borough tax office and lender.
4. Discuss sale options with co-owners. If all agree, hire a real estate agent and prepare to close. If you cannot agree, consult an attorney about partition or court-supervised sale.
5. If the goal is to cover funeral costs quickly, explore temporary financing (short-term loan) or ask the title company if prorated tax payoff at closing is possible. Do not ignore tax deadlines — contact your borough tax office to avoid penalties or tax foreclosure steps.
6. Expect weeks to months if probate or partition is needed. Voluntary sales complete on a typical real estate timeline once title issues clear.

Step 6 — When to hire an attorney

Talk to an Alaska real property or probate attorney if any of the following apply:

• Co-owners disagree about selling or distribution.
• Someone died and the decedent’s share likely needs probate administration.
• There are multiple liens or tax enforcement actions against the property.
• You need a partition action or court approval to sell the estate property.

Relevant Alaska resources

• Alaska Court System (self-help and probate information): https://courts.alaska.gov
• Alaska Legislature (statutes and ways to search state law): https://www.akleg.gov
• Local borough or municipality tax office (for property tax payoff, deadlines, and liens) — search your borough’s website (example: Anchorage, Fairbanks North Star Borough, Matanuska-Susitna Borough).

Helpful Hints

• Start with title: a quick title search or visit the recorder’s office to confirm ownership and recorded liens.
• Keep receipts and invoices for funeral expenses. The probate process requires documentation for creditor claims.
• Contact the borough tax office immediately to learn deadlines, penalties, and whether a short extension or payment plan exists.
• If co-owners agree to sell, put the agreement in writing and use an escrow/closing agent to ensure liens and taxes are paid at closing.
• Consider a buyout if one owner wants to keep the property — appraise the property so the buyout price is fair.
• Partition actions force a court to divide or sell the property. They cost court fees and attorney time and can take months, so weigh this option carefully.
• Ask whether the decedent’s estate qualifies for simplified or small estate procedures. That can speed transfers and avoid full probate in low-value situations; the Alaska Court System can explain thresholds and forms.