✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Alaska — exactly who inherits under Alaska’s intestate-succession law, and what surprises families most. All shares are from Alaska statute, verified as of June 2026.
In This Alaska Guide:
Who Inherits When There Is No Will in Alaska
Here is exactly how Alaska divides an estate when there is no will:
| If the person leaves… | Who inherits in Alaska |
|---|---|
| Spouse, no children | The surviving spouse inherits the entire intestate estate if no descendant or parent of the decedent survives (AS 13.12.102(a)(1)). If no descendants survive but a parent of the decedent does survive, the spouse receives the first 200000 plus 3/4 of the remaining balance (AS 13.12.102(a)(2)). |
| Spouse + shared children | If all surviving descendants are children of both the decedent and the surviving spouse, and the spouse has no other children from another relationship, the spouse inherits the entire intestate estate (AS 13.12.102(a)(1)). If all surviving descendants are shared but the surviving spouse also has one or more children from another relationship, the spouse receives the first 150000 plus 1/2 of the remaining balance; the shared descendants split the rest by representation (AS 13.12.102(a)(3)). |
| Spouse + children from another relationship | If one or more of the decedent’s surviving descendants are NOT descendants of the surviving spouse (i.e., the decedent had children from a prior relationship), the spouse receives the first 100000 plus 1/2 of the remaining balance. The decedent’s descendants split the rest by representation (AS 13.12.102(a)(4)). |
| Children, no spouse | The entire intestate estate passes to the decedent’s descendants by representation (AS 13.12.103(1)). |
| No spouse, no children | The estate passes in this order: (1) to the decedent’s parents equally, or the surviving parent (AS 13.12.103(2)); (2) if no parents survive, to descendants of the parents (siblings, nieces, nephews) by representation (AS 13.12.103(3)); (3) if none, half to paternal grandparents or their descendants and half to maternal grandparents or their descendants; if no one survives on one side, the entire estate goes to the other side (AS 13.12.103(4)). If no heir at any level can be found, the estate escheats to the State of Alaska (AS 13.12.105). |
| No living relatives (escheat) | The estate escheats to the State of Alaska only if no heir of any degree can be found. Personal property passes under the Uniform Unclaimed Property Act (AS 34.45.280-34.45.780); real property passes under AS 38.95.200-38.95.270 (AS 13.12.105). |
These shares come from Alaska intestate-succession law (AS 13.12.102 (surviving spouse share), AS 13.12.103 (heirs other than spouse), AS 13.12.104 (120-hour survival), AS 13.12.105 (escheat), AS 13.12.106 (representation), AS 13.12.107 (half blood)).
How Alaska divides shares among descendants: Alaska uses per capita at each generation (AS 13.12.106), not traditional per stirpes. Shares are divided equally at the nearest generation with living members, and the shares of any deceased members in that generation who left descendants are pooled and redivided the same way at the next generation.
Alaska homestead and family allowance: Before intestate shares are calculated, the surviving spouse (or minor/dependent children if no spouse) may claim: (1) a homestead allowance of 27000 (AS 13.12.402); (2) exempt property up to 10000 in household furnishings, automobiles, appliances, and personal effects above any security interests (AS 13.12.403);
(3) a family allowance of up to 18000 as a lump sum or up to 1500 per month for one year during estate administration (AS 13.12.404-405).
These allowances have priority over nearly all claims and creditors.
Half-blood relatives in Alaska: A relative of the half blood inherits the same share as a relative of the whole blood — there is no distinction (AS 13.12.107). A half-sibling has the identical inheritance right as a full sibling.
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Assets That Pass Outside Alaska Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside the intestate succession rules entirely. Only assets in the decedent’s individual name with no beneficiary designation are subject to Alaska intestate succession.
Other Alaska intestacy rules: (1) Alaska Native Claims Settlement Act (ANCSA) stock has special rules: all settlement common stock passes to the surviving spouse if there is no surviving issue; if there is surviving issue, 1/2 goes to the spouse and 1/2 to descendants (AS 13.12.102(b)).
(2) An heir must survive the decedent by 120 hours (5 days) or is treated as having predeceased, unless applying the rule would cause the estate to escheat (AS 13.12.104). (3) Dower and curtesy are abolished in Alaska (AS 13.12.112). (4) Non-citizens are not disqualified from inheriting (AS 13.12.111).
(5) A parent may be barred from inheriting from a child in cases involving abandonment or termination of parental rights (AS 13.12.114). (6) Alaska is a separate property state but also has an optional community property system under AS 34.77 — spouses may opt in via a community property agreement, which would affect which assets are subject to intestate succession.
What Dying Without a Will in Alaska Really Means
When someone dies without a will in Alaska, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Alaska divides an estate when someone is dying without a will in Alaska, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Alaska helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Alaska depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Alaska, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Alaska Sources & Resources
- Alaska Court Self-Help: https://courts.alaska.gov/shc/probate/
- Alaska Intestate Succession Statute: https://www.akleg.gov/basis/statutes.asp#13.12
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Alaska intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Alaska Wills & Probate Guides
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.