Detailed answer — how Alaska handles deaths with no will (intestate)

When a person dies without a valid will, they are said to have died intestate. Intestate status does not automatically mean you must open a formal probate case, but it does mean the decedent’s property that is titled solely in their name must be transferred according to Alaska law. Whether you must open probate depends on the kinds of assets the decedent owned and their value.

What probate does and when it is required

Probate is the court-supervised process used to (1) identify a decedent’s assets and debts, (2) determine who the lawful heirs are when there is no will, (3) pay valid creditors, and (4) transfer remaining assets to heirs. In Alaska, the probate system and rules for estates are found in Alaska’s statutes on decedents’ estates (Title 13). For an overview of those statutes, see Alaska Statutes, Title 13 (Decedents’ Estates): https://www.akleg.gov/basis/statutes.php?title=13.

When you likely must open a probate estate

• There are bank accounts, real estate, vehicles, or other assets that remain solely in the decedent’s name and exceed any small‑estate thresholds.
• Creditors need notice and there are debts to be administered and paid from the estate.
• Title transfers require a court order because there is no beneficiary designation, joint owner, or trust directing distribution.
• Disputes arise among potential heirs about who gets what or about the identity of heirs.

When probate may not be needed

• Assets pass outside probate: assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) or property owned jointly with rights of survivorship typically pass directly to the surviving owner or beneficiary.
• Small estate procedures: Alaska provides simplified procedures for small estates (allowing transfers by affidavit or simplified administration) so you may avoid full probate when the total probate estate value falls under a statutory threshold. See Title 13 for details: Alaska Statutes, Title 13.
• There is a trust that holds the assets — trust assets avoid probate.

Who steps in when there is no will

If you must open probate in Alaska, the court appoints an administrator (sometimes called a personal representative) to manage the estate. Priority for appointment usually goes to the surviving spouse, then to other close relatives. The administrator performs duties similar to an executor under a will: inventory assets, notify creditors, pay allowed claims and taxes, and distribute the remainder to heirs under Alaska’s intestacy rules.

How intestate property is distributed

Alaska’s intestacy rules determine which relatives inherit and in what shares when there is no will. The rules consider survivors such as a spouse, children, parents, and more distant relatives. Those statutory rules are part of Alaska’s decedents’ estates law; see the statutes in Title 13 for the specific order of distribution: https://www.akleg.gov/basis/statutes.php?title=13.

Practical steps if someone dies without a will in Alaska

1. Locate the decedent’s important papers: bank statements, deeds, titles, insurance policies, beneficiary designations, and safe‑deposit information.
2. Determine which assets have beneficiary designations or joint owners — those usually avoid probate.
3. Estimate the value of assets that remain solely in the decedent’s name to see if a small‑estate procedure applies.
4. Contact the probate clerk at the Alaska superior court in the borough where the decedent lived to ask about local forms and procedures. (Alaska judges handle probate matters in the superior courts.)
5. If needed, file a petition for appointment of an administrator and for probate of the estate. The court will require notice to heirs and creditors and will give instructions on inventories and notices.
6. Keep careful records, get receipts when you pay debts or distribute property, and follow court deadlines.

Timing and cost considerations

Full probate can take several months to over a year depending on estate complexity, creditor claims, and any disputes. Costs include court filing fees, publications for notice to creditors or unknown heirs, possible attorney fees, and personal representative compensation. Small‑estate procedures reduce time and cost when they apply.

When to consult an attorney

Talk with an attorney if the estate is large, includes real property or business interests, may owe significant taxes, has potential creditor or beneficiary disputes, or if you are unsure about who qualifies as an heir. An attorney can advise whether probate is required, what simplified options may apply, and how to protect heirs’ and creditors’ rights under Alaska law.

Important: This explanation is educational only. It is not legal advice and does not create an attorney‑client relationship. For legal advice about a specific situation, consult a licensed Alaska attorney.

Helpful Hints — Quick checklist for handling an intestate death in Alaska

• Check for a will before assuming intestacy. A valid will changes the process.
• Identify assets with beneficiaries or joint ownership first — many assets avoid probate.
• Call the local superior court probate clerk for intake forms and small‑estate thresholds.
• Keep originals (or certified copies) of the death certificate — multiple institutions will require them.
• Notify financial institutions and creditors promptly but get legal advice before paying claims that may be disputed.
• If heirs disagree or the estate is complex, get counsel early to avoid delays and litigation.
• Remember time limits: Alaska law sets deadlines for filing creditor claims and for taking certain actions — missing deadlines can affect claims and distributions.
• Record clear inventories and receipts — the personal representative has an accounting duty to heirs and the court.

For statutory details and the full text of Alaska’s laws on decedents’ estates, consult Alaska Statutes, Title 13: https://www.akleg.gov/basis/statutes.php?title=13.

Not legal advice. For help applying these rules to a specific situation, contact a licensed attorney in Alaska.