How Do I Avoid Probate in Alaska?

In Alaska, a home with a transfer on death deedAS 13.48.010-.195Verified Oct 17, 2026View source, a payable on death accountAS 13.33.212(b)(2)Verified Nov 1, 2026View source, life insuranceAS 13.33.101(a)Verified Nov 1, 2026View source with a named beneficiary and a vehicle with a transfer on death designationAlaska Stat. 13.33.401 (see also AS 28.10.275 (vehicles), AS 05.25.058 (boats)); enacted by ch. 12, SLA 2026 (CSSB 104(FIN))Verified Oct 21, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.

At a death in Alaska, the sums in a joint account belong to the surviving owner unless the account says otherwiseAS 13.33.212(a)Verified Nov 1, 2026View source. On the pay on death designation: a pod designation passes to the named beneficiary at the owner's deathAS 13.33.212(b)(2)Verified Nov 1, 2026View source.

Alaska's nonprobate-transfer statute names an insurance policyAS 13.33.101(a)Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Alaska's statute names an individual retirement accountAS 13.33.101(a)Verified Nov 1, 2026View source, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Alaska: Alaska abolished joint tenancy in land. Spouses who acquire real property together hold it as tenants by the entirety unless the deed says otherwise, and spouses may instead hold it as survivorship community property. A certified copy of a document from a government office, such as a death certificate, may be recorded in the recording district where the land liesAlaska Stat. Titles 34 (AS 34.15, AS 34.77) and 13; AS 40.17; AS 18.50 to 18.95; 11 AAC 06Verified Oct 26, 2026View source. Alaska recognizes the transfer on death deedAS 13.48.010-.195Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

Alaska titles a vehicle with a transfer on death designationAlaska Stat. 13.33.401 (see also AS 28.10.275 (vehicles), AS 05.25.058 (boats)); enacted by ch. 12, SLA 2026 (CSSB 104(FIN))Verified Oct 21, 2026View source: the vehicle passes to the named beneficiary at the owner's death without probate. The form is the standard title applicationAlaska Stat. 13.33.401 (see also AS 28.10.275 (vehicles), AS 05.25.058 (boats)); enacted by ch. 12, SLA 2026 (CSSB 104(FIN))View source. A vehicle in the owner's name alone is part of the probate estate.

Forms for Planning Your Estate in Alaska

Free forms for planning your estate in Alaska: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In Alaska, a will is signed before 2AS 13.12.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyAS 13.12.502Verified Oct 18, 2026View source.

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Codicil to a Will

In Alaska, a codicil is signed before 2AS 13.12.502Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyAS 13.12.504Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Alaska allows a choice for a healthcare power of attorney: 2AS 13.52.300Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

In Alaska, a HIPAA release names who may receive your records and, as the state requires, names genetic informationAlaska Stat. § 18.13.010(a), (c)Verified Jun 19, 2026View source expressly before a provider releases it.

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Financial Power of Attorney

Alaska requires explicit durability language for a power of attorney to survive incapacityAS 13.26.600, AS 13.26.605, AS 13.26.610, AS 13.26.615, AS 13.26.620, AS 13.26.625, AS 13.26.645, AS 13.26.650, AS 13.26.660, AS 13.26.665, AS 13.26.670, AS 13.26.675, AS 13.26.680, AS 13.26.695; AS 40.17.080, AS 40.17.090, AS 40.17.110 (recording); AS 13.28.010-095 (interstate recognition)Verified Oct 21, 2026View source, and it is signed before a notaryAS 13.26.600, AS 13.26.605, AS 13.26.610, AS 13.26.615, AS 13.26.620, AS 13.26.625, AS 13.26.645, AS 13.26.650, AS 13.26.660, AS 13.26.665, AS 13.26.670, AS 13.26.675, AS 13.26.680, AS 13.26.695; AS 40.17.080, AS 40.17.090, AS 40.17.110 (recording); AS 13.28.010-095 (interstate recognition)Verified Sep 18, 2026View source.

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Transfer on Death Deed

In Alaska, a transfer on death deed is signed before a notaryAS 13.48.010-.195Verified Oct 18, 2026View source, then recorded with the county before the owner's deathAS 13.48.010-.195Verified Oct 18, 2026View source. Alaska does not recognize a Lady Bird deed.

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Vehicle Transfer on Death

Alaska allows a transfer-on-death beneficiary designation on a vehicle titleAlaska Stat. 13.33.401 (see also AS 28.10.275 (vehicles), AS 05.25.058 (boats)); enacted by ch. 12, SLA 2026 (CSSB 104(FIN))Verified Oct 21, 2026View source, filed through the Alaska Department of Administration, Division of Motor Vehicles (DMV).

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Living Will

In Alaska, the living will is the Advance Health Care DirectiveAS 13.52 (Health Care Decisions Act), §§ 13.52.010-13.52.395; as amended by ch. 24 SLA 26 (HB 195) and ch. 21 SLA 26 (SB 89)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Tools for Planning Your Estate in Alaska

Free tools for planning your estate in Alaska: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Much Does a Will Cost?

An attorney-prepared will in Alaska runs $1,119Estimate: 3 hours at $373, Clio's Alaska Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,238Estimate: 6 hours at $373, Clio's Alaska Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,032AS 13.16.440 (court reviews reasonableness of compensation paid to agents/attorneys employed by the estate; no statutory percentage)Verified Sep 8, 2026View source.

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How Do I Name a Guardian for My Minor Children?

In Alaska, a parent names a guardian for a minor child in a willAS 13.26.121, 13.26.126, 13.26.132Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18AS 25.20.010Verified Sep 15, 2026View source.

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Trust or Will: Which Costs Less?

In Alaska, a will-based plan pays probate attorney fees of typically 2.1%Modeled estimate under AS 13.16.440 (court reviews reasonableness of compensation paid to agents/attorneys employed by the estate; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under AS 13.16.440 (court reviews reasonableness of compensation paid to agents/attorneys employed by the estate; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Is the Federal Gift Tax?

Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Alaska runs $3,300Estimate: 10 hours at $330, Clio's Alaska Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,950Estimate: 15 hours at $330, Clio's Alaska Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,119Estimate: 3 hours at $373, Clio's Alaska Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,238Estimate: 6 hours at $373, Clio's Alaska Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Alaska, four years at a public university cost about $85,936NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesAlaska levies no estate or inheritance tax. AS 43.31.011 (Estate Tax Law of Alaska) remains on the books but is an inert "pickup" tax — its amount is measured by "the credit allowable under the applicable federal revenue Act for estate, inheritance, legacy, and succession taxes actually paid to the several states," and that federal credit no longer exists, so the tax computes to $0. AS 43.31.400 keeps the chapter nominally operative so long as a federal estate tax exists, so this is an inert pickup rather than a repeal. Alaska Department of Revenue: "Alaska no longer has an estate tax. Alaska did have one until Jan. 1, 2005. The state estate tax was tied to the federal state death tax credit, and that credit was phased out in 2005." Alaska has no inheritance tax: AS 43.30 (Inheritance and Transfer Taxes) was repealed in full by § 1, ch. 24, SLA 1970, and the DOR tax-type list carries no inheritance tax program. Verified 2026-09-10.Verified Sep 15, 2026View source.

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Are My Beneficiary Designations Protected?

Alaska automatically revokes an ex-spouse as beneficiary at divorceAS 13.12.804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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How Do I Sign Estate Documents?

In Alaska, a will is signed before 2AS 13.12.502Verified Oct 18, 2026View source witnesses, and notarization is not requiredAS 13.12.502Verified Oct 18, 2026View source.

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Alaska Estate Planning Resources

In-depth guides covering Alaska probate laws, trust requirements, and estate planning strategies.