What Happens If You Die Without a Will in Alaska?
Without a will in Alaska, a surviving spouse takes the entire estateAS § 13.12.102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationAS § 13.12.106Verified Sep 10, 2026View source.
Frequently Asked Questions
Alaska intestacy laws determine who inherits when there is no will.AS § 13.12.102Verified Sep 10, 2026 Alaska follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The estate passes to the closest surviving relatives — in most cases the spouse and children first — then, in order: Parents; Siblings and their descendants; Grandparents and their descendants; The State of Alaska.
The surviving spouse's share in Alaska depends on family structure.AS § 13.12.102Verified Sep 10, 2026 With no children: If no parent survives: entire estate. If parent survives: first $200,000 plus 3/4 of the remaining estate. With shared children: If spouse has no other descendants: entire estate. If spouse has other descendants: first $150,000 plus half of the remaining estate. When children from a prior relationship survive: First $100,000 plus half of the remaining estate.
Alaska uses the "per capita at each generation" distribution method.AS § 13.12.106Verified Sep 10, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
Alaska requires an heir to survive the decedent by 120 hours to inherit.AS § 13.12.104Verified Sep 10, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs. In most states this requirement does not apply where it would cause the estate to pass to the state.
Under Alaska intestacy law, stepchildren and unmarried partners generally do not inherit unless legally adopted or specifically recognized by statute.AS § 13.12.102Verified Sep 10, 2026 A will or trust is how stepchildren or unmarried partners are provided for. The Alaska will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Alaska depend on estate size and complexity. Estates valued at $150,000 or less may qualify for a simplified procedure. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Alaska probate cost calculator for a detailed estimate.
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