NOTE: State laws change frequently and the following information may not reflect recent changes in the laws. For current tax or legal advice, please consult with an accountant or an attorney since the information contained in this article is not tax or legal advice and is not a substitute for tax or legal advice.

When an Alaska resident dies without having made a Last Will and Testament, the intestacy succession laws found in the Alaska Statutes will dictate who inherits the deceased person's probate estate.


Below is a summary of the Alaska intestacy succession laws in various situations.

Deceased Person is Survived by a Spouse and/or Descendants and/or Parents

Here is what will happen if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great grandchildren, etc.) and/or parents:

• Survived by a spouse and descendants, all of whom are descendants of the spouse, and the spouse has no other descendants - In this case the surviving spouse will inherit 100% of the deceased person's probate estate.
• Survived by a spouse and descendants and the descendants are not the descendants of the surviving spouse - In this case the surviving spouse will inherit the first $100,000 of the probate estate plus one-half (1/2) of the balance, and the descendants will inherit the remaining one-half (1/2), per stirpes.
• Survived by a spouse and descendants all of whom are descendants of the spouse, but the spouse has at least one descendant who is not a descendant of the deceased person - In this case the surviving spouse will inherit the first $150,000 of the probate estate plus one-half (1/2) of the balance, and the deceased person's descendants will inherit the remaining one-half (1/2), per stirpes.

• Survived by a spouse and no descendants or parents - In this case the surviving spouse will inherit 100% of the probate estate.
• Survived by descendants and no spouse - In this case the deceased person's descendants will inherit 100% of the probate estate, per stirpes.
• Survived by a spouse and parent(s) but no descendants - In this case the surviving spouse will inherit the first $200,000 of the probate estate plus three-fourths (3/4) of the balance, and the surviving parents will each inherit one-eighth (1/8) of the remainder, or the only surviving parent will inherit the remaining one-fourth (1/4).

Deceased Person is Not Survived by a Spouse or Descendants

Here is what will happen if the deceased person is not survived by a spouse or any descendants (children, grandchildren, great grandchildren, etc.):

• Survived by one or both parents - In this case, the parents will inherit equal shares of the deceased person's probate estate if both are living, or the surviving parent will inherit 100%.
• Survived by siblings or descendants of siblings and no parents - In this case the deceased person's siblings and the descendants of deceased siblings (nieces and nephews) will inherit 100% of the probate estate, per stirpes.
• Not survived by any family members - If the deceased person is not survived by any family members, then the entire probate estate will escheat to the State of Alaska.

What Will You Inherit From an Alaska Intestate Estate?

What will you inherit if your relative dies without leaving a Last Will and Testament and the relative was a resident of Alaska or owned real estate located in Alaska? Even if you determine based on the information presented above that you are entitled to an intestate share of your relative's estate, you may very well not inherit anything. Why? Because your relative may have left all non-probate property, or the debts your relative owed at the time of death may exceed the value of the probate estate which will make the estate insolvent.

If you are not sure of your legal rights as an intestate heir in Alaska, then consult with an Alaska probate attorney to be sure.