Alaska Intestate Succession: Who Inherits When There Is No Will

When someone dies without a will in Alaska, the surviving family does not get to decide among themselves who receives what. The state decides for them. Alaska Statute Title 13, Chapter 12 lays out a strict inheritance hierarchy that applies automatically — and it rarely matches what families expect.

Here is how Alaska's intestate succession rules determine who gets what.

Alaska Follows the Uniform Probate Code

Alaska adopted its own version of the Uniform Probate Code (UPC), codified in AS 13.12. The share each heir receives depends on who else survived the deceased — and the relationship between the surviving spouse and any children matters more than you might think.

The Surviving Spouse's Share

The surviving spouse's inheritance depends on whether the deceased had children, and if so, whether those children are also the children of the surviving spouse.

If the deceased had no surviving children or parents: The surviving spouse inherits the entire estate. This is the simplest scenario.

If the deceased had children, and all of them are also children of the surviving spouse: The surviving spouse still inherits the entire estate. This surprises many families — but under Alaska's version of the UPC, when the spouse and the deceased share the same children and the spouse has no other children from a prior relationship, everything goes to the spouse.

If the deceased had children who are also children of the surviving spouse, but the surviving spouse also has children from another relationship: The surviving spouse receives the first $150,000 plus one-half of the remaining estate balance. The deceased's children split the other half.

If the deceased had one or more children who are not children of the surviving spouse: The surviving spouse receives the first $100,000 plus one-half of the remaining estate balance. The deceased's children — including any from a prior relationship — split the other half.

If the deceased had no children but a surviving parent: The surviving spouse receives the first $200,000 plus three-quarters of the remaining estate balance. The deceased's parents receive the remaining quarter.

These dollar amounts and fractions are set by statute. They do not adjust based on the size of the estate or the financial needs of any individual heir.

The 120-Hour Survival Rule

Before anyone can inherit under intestacy, they must survive the deceased by at least 120 hours — five full days. This rule exists to prevent a cascade of probate proceedings when family members die in close succession, such as in a car accident or other shared disaster.

If a potential heir dies within that 120-hour window, the law treats them as having predeceased the person whose estate is being settled. Their share is redistributed to the next eligible heirs as if they were never in the picture.

This rule applies to all intestate heirs, including the surviving spouse. If your spouse dies in a shared accident and you pass away four days later, you are legally treated as having died first for purposes of inheriting from their estate.

Children's Shares: Per Capita at Each Generation

When the estate passes to children — whether because there is no surviving spouse, or because the children receive the portion remaining after the spouse's share — Alaska distributes those shares using a method called "per capita at each generation."

Here is how it works: All living children receive equal shares. If a child predeceased the parent but left their own children (the deceased's grandchildren), the deceased child's share drops down to the next generation and is divided equally among all grandchildren in that tier.

This is different from the "per stirpes" method used in some states, where each branch of the family tree gets a fixed share regardless of how many people are in that branch. Alaska's per capita approach means that all grandchildren at the same generational level receive equal amounts, even if they come from different deceased children.

What Happens When There Is No Spouse and No Children

If the deceased left neither a surviving spouse nor surviving descendants, the estate moves up and outward through the family tree in a specific order:

1. Parents. If either parent survives, they inherit the estate (split equally if both survive).
2. Siblings and their descendants. If no parent survives, the estate passes to brothers and sisters. If a sibling predeceased the decedent, that sibling's share passes to their children (the deceased's nieces and nephews) under the same per capita at each generation rule.
3. Grandparents and their descendants. If no siblings or their descendants survive, the estate splits in half — one half to the maternal grandparents (or their descendants) and one half to the paternal grandparents (or their descendants).
4. Escheat to the state. If no living relative can be identified through this hierarchy, the estate escheats — it passes to the State of Alaska. This is rare, but it happens.

ANCSA Shares Follow Different Rules

This is the single most important exception to know about if the deceased was an Alaska Native shareholder. Alaska Native Claims Settlement Act (ANCSA) corporation shares — stock in regional and village corporations like Ahtna, Doyon, CIRI, Sealaska, or Calista — do not follow the standard intestate succession rules described above.

ANCSA shares are governed by a separate statute: AS 13.16.705. They are explicitly exempt from the regular probate process, and their value is not counted when determining the size of the estate for probate purposes.

When a shareholder dies without a Testamentary Disposition (the corporation-specific equivalent of a will for shares), the shares pass under the AS 13.16.705 formula to the surviving spouse and descendants. But the transfer is handled by the Native Corporation's Shareholder Records Department — not the Superior Court. The personal representative should not list ANCSA shares on the court Inventory of Property (Form P-370).

If the deceased held ANCSA shares, contact the specific corporation to determine whether a Testamentary Disposition was filed. If none exists, the corporation applies its statutory intestate formula internally. Attempting to probate ANCSA shares through the state court system is a jurisdictional error that will cause delays.

The Practical Impact: Filing Without a Will

When there is no will, the probate petition is filed using Form P-325 (Request to Start Informal Probate — No Will) instead of Form P-315 (which is used when a will exists). The court then determines the legal heirs based on the intestacy hierarchy above.

The personal representative is appointed based on statutory priority: the surviving spouse has first priority, followed by other heirs. The $250 filing fee is the same regardless of whether there is a will, and the rest of the process — the 4-month creditor claim window, the 3-month inventory deadline, the Notice to Creditors publication — proceeds identically to a testate (with-will) probate. The only difference is how the court determines who receives the assets at the end.

One additional practical consideration: without a will, there is no bond waiver. Alaska Statute 13.16.255 requires the personal representative to post a surety bond equal to the estimated value of personal property plus one year of anticipated estate income. Without a will to waive this, the bond stands unless every heir signs a Waiver of Bond Requirement (Form P-334). Premiums run 0.5% to 2.0% of the estate's value annually — a cost that comes directly out of the estate.

Community Property Option

Alaska is not a community property state by default, but married couples can opt in to community property treatment for specific assets via a written agreement or trust. If such an agreement existed, those covered assets pass directly to the surviving spouse outside the intestacy framework — but everything else in the estate still follows the rules above.

What This Means for You

Intestate succession is mechanical. It does not account for estranged children, live-in partners without a marriage certificate, stepchildren who were never formally adopted, or the cousin who spent years as the deceased's primary caregiver. Alaska law recognizes legal relationships — marriage, biological parentage, legal adoption — and distributes the estate accordingly.

If you are settling an intestate estate in Alaska, the full process — from the initial P-325 filing through creditor management, inventory, and final distribution to the heirs determined by statute — is mapped step by step in the Alaska Probate Process Guide. It includes the heir identification worksheet, the bond waiver forms, and the ANCSA share transfer checklist so nothing falls through the gaps while you navigate a process the deceased never planned for.

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