AK risk area
Intestacy risk in Alaska
How assets are distributed when there is no will and state default rules control the outcome.
Alaska intestacy rules set spouse shares with dollar thresholds when parents or descendants survive, and route the remaining estate to relatives by priority.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Alaska
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Alaska.