AK risk areas
Alaska estate risk areas
These pages explain how default state rules in Alaska shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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Alaska does not impose a state estate or inheritance tax (repealed for deaths after 2004).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.
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Guardianship risk
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.
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Complexity triggers
Alaska bases elective share rights on the augmented estate and permits community property trusts, which can reshape asset classification at death.
- A surviving spouse may elect to take a one-third share of the augmented estate.
- Spouses can transfer property into a community property trust to designate assets as community property.
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