AK state guide
Alaska estate risk overview
This guide explains how estate outcomes work in Alaskawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Alaska intestacy rules set spouse shares with dollar thresholds when parents or descendants survive, and route the remaining estate to relatives by priority.
- If no surviving descendants or parents, the spouse inherits the entire intestate estate.
- If a parent survives but no descendants, the spouse receives the first $200,000 plus three-fourths of the balance.
- If all descendants are also the spouse's but the spouse has other descendants, the spouse receives the first $150,000 plus one-half of the balance.
- If any descendant is not the spouse's, the spouse receives the first $100,000 plus one-half of the balance.
- Remaining estate passes to descendants, then parents, then siblings and more remote relatives.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/alaska/title-13/chapter-12/article-1/section-13-12-102/
- https://law.justia.com/codes/alaska/title-13/chapter-12/article-1/section-13-12-103/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-alaska.html
- https://law.justia.com/codes/alaska/title-13/chapter-12/article-1/section-13-12-131/
Probate process
Alaska offers informal probate with minimal court supervision and a small-estate affidavit for limited personal property and vehicles.
- Informal probate allows a personal representative to administer the estate with minimal court supervision and usually no hearings.
- Small-estate affidavits are available 30 days after death if personal property is $50,000 or less and vehicles total $100,000 or less.
- No personal representative can be pending or appointed when using the small-estate affidavit.
- Informal probate must generally be started within three years of death.
Estate and inheritance tax exposure
Alaska does not impose a state estate or inheritance tax (repealed for deaths after 2004).
- No state estate or inheritance tax.
- Federal estate tax may apply based on estate size.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
In Alaska, courts appoint guardians for minor children when no legal parent can act. State statutes outline eligibility, notice, and court oversight.
- Court appointment is required to grant a non-parent legal authority.
- Statutes define who may petition, notice requirements, and hearing steps.
- Temporary or emergency guardianships may be available in urgent cases.
- Statutes: AK Stat. Sec. 13.26.132; 147; 186
- Temporary or emergency guardianships may be available for urgent situations.
- Notice and hearing requirements apply before appointment.
Risk areas
Explore estate risk dimensions in Alaska
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Alaska
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Alaska
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Alaska
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.