Someone died in Alaska.
Do you need probate?

Alaska's decedents'-estates law lives in AS Title 13 (mirrored at the Alaska State Legislature statutes site) and is administered through the Alaska Court System's probate self-help center at courts.alaska.gov/shc/probate. Because Alaska adopted the UPC, the standard path is informal probate under AS 13.16.201 et seq. — the court registrar issues Letters Testamentary or Letters of Administration without a hearing, and the personal representative then manages the estate largely on their own.

First — informal probate with no hearing. Unlike non-UPC states that require a judge to approve a final accounting, Alaska's informal track (AS 13.16.201 et seq.) lets the personal representative publish notice, pay claims, and distribute assets, then close the estate by filing a Closing Statement — no court decree required. Formal, supervised probate (AS 13.16.301 et seq.) is reserved for contested matters.

Second — the only opt-in community property state. Every other community property state (California, Texas, Arizona, Nevada, New Mexico, Idaho, Louisiana, Washington, Wisconsin) makes community property the default. Alaska is unique: couples must affirmatively elect it by signing a written agreement under the Alaska Community Property Act (ACPA, AS 34.77). The payoff is a federal income-tax step-up in basis on both halves of appreciated community property at the first death.

Third — Alaska abolished joint tenancy. The most common survivorship form in other states does not exist here. Absent a specific instrument, co-owners hold as tenants in common and each share passes through that owner's estate. Married couples use tenancy by the entirety, ACPA community property with survivorship, a TOD deed, or a trust instead.

Fourth — Transfer-on-Death deeds are available. Under Alaska's Uniform Real Property Transfer on Death Act (AS 13.48), an owner can record a deed naming individual beneficiaries who take the real estate at death with no probate. Class descriptions ("my children") are void — individuals must be named — and TOD property remains exposed to creditor claims for up to 12 months if the probate estate is insufficient.

Fifth — strong spousal and family protections. A surviving spouse can claim an elective share of one-third of the augmented estate (AS 13.12.202), a $27,000 homestead allowance (AS 13.12.402), $10,000 of exempt property (AS 13.12.403), and a family allowance (AS 13.12.404) — all with priority over general creditors. See the spousal rights section below.

Sixth — assets found nowhere else. ANCSA Native corporation stock (AS 10.20), commercial limited-entry fishing permits, and BIA restricted property each transfer outside ordinary Superior Court probate. See the Alaska Native assets section.

Seventh — no death taxes at all. Alaska imposes no estate tax, no inheritance tax, and no state income tax. Only federal filings apply, and a federal estate tax return (Form 706) is required only for gross estates above roughly $15 million in 2026.

Alaska's four main paths after death:

For the small estate affidavit, only the net value of each asset counts — subtract outstanding liens and debts secured against each asset. Joint accounts with POD designations or that pass automatically by survivorship are not counted. The affidavit is presented directly to each institution (bank, DMV, broker) — the institution is protected from liability if it transfers assets in good faith reliance on the affidavit. No attorney is required.

If the estate is just slightly over the small estate threshold, it may still qualify for informal probate — Alaska's UPC informal track is also relatively simple and low-cost ($250 filing fee, no hearing). The Alaska Court System's probate self-help guide at courts.alaska.gov/shc/probate walks through both tracks in plain language.

Summary administrative procedure — AS 13.16.690 (allowance-based, no fixed dollar cap)

Alaska has a second, related shortcut inside a formal case. Under AS 13.16.690, if the value of the entire estate (less liens and encumbrances) does not exceed the sum of the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and the decedent's reasonable last-illness medical and hospital expenses, an appointed personal representative may — without giving notice to creditors — immediately disburse and distribute the estate to the persons entitled to it and file a closing statement under AS 13.16.695. Unlike the P-110 affidavit, AS 13.16.690 has no single fixed dollar ceiling: the qualifying amount floats with the statutory allowance figures ($27,000 homestead + $10,000 exempt property + a reasonable family allowance) plus those administration and funeral/medical costs.

TOD deed — AS 13.48 (Uniform Real Property Transfer on Death Act)

Alaska's TOD deed (AS 13.48) lets real property owners name beneficiaries who take property at death without probate. Sign, acknowledge (notarize), and record the deed with the district recorder in the recording district where the property is located. Note: Alaska uses recording districts, not county recorders — record at the correct Alaska DNR recording office for the area.

Key Alaska TOD restrictions: (1) The deed cannot name beneficiaries by class description only — "my children" or "my grandchildren" as the sole description makes the deed void; you must name specific individuals (AS 13.48.050(2)); (2) TOD deed property is subject to creditor liability for up to 12 months after death if the probate estate is insufficient to satisfy creditor claims or statutory allowances; (3) cannot be revoked by will — only by recording a revocation instrument or a new TOD deed.

Alaska abolished joint tenancy — what married couples should use instead

This is one of Alaska's most distinctive legal features. Alaska abolished joint tenancy with right of survivorship (the form of ownership where the surviving owner automatically inherits the deceased owner's share). In most states, married couples use joint tenancy as a simple way to pass a home to the surviving spouse. In Alaska, that option doesn't exist.

Alaska married couples instead have: (1) Tenants by the entirety — a survivorship form available only to married spouses; the home passes to the surviving spouse automatically; (2) Community property with right of survivorship under the ACPA — if the couple signed an ACPA agreement, jointly-held property passes automatically to the survivor; (3) TOD deed — name the spouse as beneficiary; (4) Revocable living trust — hold real estate in trust. Unmarried co-owners cannot use joint tenancy in Alaska — their only options are tenants in common (where each share goes through the owner's estate), a trust, or individual TOD deeds for each owner's interest.

ANCSA Native corporation stock — not standard probate

Stock in a Native corporation organized under the Alaska Native Claims Settlement Act (ANCSA) is unique property with its own transfer rules (AS 10.20). It passes in this order:

1. Via a "stock will" — most ANCSA shares have a section on the back of the stock certificate where the shareholder can designate who receives the shares. If filled in, signed, dated, and notarized, this stock will controls. It overrides a regular will for the ANCSA shares. Contact your Native corporation for forms.

2. Via the Native corporation's testamentary forms — many Native corporations have their own separate forms for designating beneficiaries. These also override a regular will for ANCSA shares.

3. Via a regular will — if no stock will or corporation form exists, the ANCSA shares pass under the decedent's regular probated will.

4. Via Alaska intestate succession — if there is no will, no stock will, and no corporation form, the ANCSA shares pass under Alaska's intestate succession rules. If the decedent had no heirs, the shares revert to the Native corporation (not to the state, as regular property would). The Alaska Superior Court does NOT have jurisdiction over ANCSA stock — the Native corporation itself makes distribution decisions.

BIA restricted property — not Alaska Superior Court

Restricted property — real property granted to Native Alaskans by the Secretary of the Interior as Native allotments or townsite lots — can only be transferred with the approval of the Bureau of Indian Affairs (BIA). This property does NOT go through Alaska Superior Court. It goes through a special BIA probate process handled by a federal law judge. If the decedent had a will, the Personal Representative must give the original will to the BIA. If the will doesn't meet BIA requirements, the restricted property passes to the decedent's heirs under Alaska intestacy law in the BIA probate — not the will's terms. Contact the BIA Alaska Region at bia.gov/regional-offices/alaska. The Alaska Court System has a short presentation: courts.alaska.gov/shc/probate/transferring-assets.

Commercial fishing permits — one person only, cannot be divided

Alaska commercial fishing permits (limited entry permits) are among the most valuable intangible assets in the state — a Bristol Bay salmon permit can be worth hundreds of thousands of dollars. Under Alaska law, a fishing permit can only be transferred to one person — it is indivisible. This rule creates significant estate planning challenges for fishing families:

If the decedent's will specifies who receives the permit: it follows the will. If the will is silent or there is no will, the permit goes to the surviving spouse. If there is no spouse and only one heir: the heir receives it. If there is no spouse and multiple heirs: all heirs must unanimously agree who receives the permit — if they cannot agree, the permit must be sold and the proceeds divided. This indivisibility rule is the reason estate planning is essential for commercial fishing families: without a will specifically naming who receives the permit, forced sales and family conflicts are common. The Alaska Commercial Fisheries Entry Commission handles permit transfers at cfec.state.ak.us.

Individual Fishing Quotas (IFQs) — NMFS beneficiary designation

IFQs (Individual Fishing Quotas) for federal water fisheries have their own beneficiary designation process with the National Marine Fisheries Service (NMFS). Quota shareholders can designate a beneficiary to receive "survivorship transfer privileges" at death — bypassing probate for the IFQ interest. Contact NMFS at fisheries.noaa.gov to update IFQ beneficiary designations.

The elective share — one-third of the augmented estate (AS 13.12.202)

Under AS 13.12.202, the surviving spouse of a decedent domiciled in Alaska may elect to take an elective-share amount equal to one-third (1/3) of the decedent's augmented estate instead of what the will provides. The "augmented estate" (defined in AS 13.12.203–13.12.214) is broader than the probate estate — it adds back many non-probate transfers, such as revocable-trust assets, certain joint accounts, and property the decedent transferred during the marriage — so a spouse cannot easily be disinherited by moving assets outside the will. If the value the spouse would otherwise receive is small, a supplemental elective share guarantees a minimum of $50,000 (AS 13.12.202). The election must generally be made within nine months after death or six months after the will is admitted to probate, whichever is later (AS 13.12.211).

Homestead allowance, exempt property, and family allowance

On top of any elective share (and expressly in addition to it, per AS 13.12.202), Alaska grants three priority allowances that come off the top of the estate before general creditors are paid:

The homestead allowance of $27,000 (AS 13.12.402) and the up-to-$10,000 exempt property right (AS 13.12.403) are fixed dollar figures and, together with a reasonable family allowance (AS 13.12.404), also drive the summary administrative procedure in AS 13.16.690 discussed above. All of these priority allowances are exempt from and come ahead of most creditor claims. Because the amounts and the augmented-estate computation are technical, a spouse considering an election should consult an Alaska estate attorney promptly — the deadline can pass quickly.

Holographic wills are valid in Alaska

Under AS 13.12.502, a holographic will — a will written entirely in the testator's handwriting and signed — is valid in Alaska without any witnesses. Like West Virginia and most western US states, Alaska recognizes the practical reality that many residents in remote areas may not have easy access to attorneys or witnesses. A self-proved witnessed will (with notarized attestation) is still faster and more reliable, but a properly executed holographic will is legally effective.

Alaska does not recognize common law marriage

Alaska does not recognize common law marriage. Unmarried partners — regardless of how long they have lived together — have no intestate inheritance rights. For unmarried couples in Alaska who want to ensure the surviving partner inherits, a will, revocable trust, or beneficiary designations are essential. Otherwise the surviving partner receives nothing under Alaska intestacy.

Divorce automatically revokes gifts to ex-spouse

AS 13.12.804: A final divorce or annulment revokes any gifts to an individual who was the decedent's spouse at the time the will was executed, and revokes nominations of the ex-spouse as personal representative, trustee, or other fiduciary role in the will. This automatic revocation also applies to revocable trusts. The decedent's other estate planning documents (beneficiary designations on retirement accounts and life insurance) are NOT automatically revoked by divorce in Alaska — those must be manually updated.