What Happens If You Die Without a Will in Alaska

When someone dies without a will in Alaska, they are said to have died intestate, and Alaska's intestacy statute decides who gets their property. The law is designed to guess what a typical person would have wanted. It does not know your family.

Who inherits under Alaska law

If you are married with no children, or all of your children are also your spouse's children, your spouse takes everything. If you have children from another relationship, your spouse takes a set share and your children split the rest. If you are unmarried, your children inherit equally. No children: your parents. No parents: your siblings and their descendants. The statute keeps going out to more distant relatives, and if there is no one, the property goes to the State of Alaska.

That structure surprises people in a few common situations. An unmarried partner of 20 years inherits nothing. A stepchild you raised inherits nothing. A child you have been estranged from for decades inherits the same share as the one who cared for you.

Who manages the estate

With a will, you name a personal representative. Without one, the court appoints someone, following a priority list that starts with the surviving spouse and moves through heirs. If family members disagree about who should serve, the court holds a hearing to decide. That is a bad way to start a grieving process.

What happens to minor children

If both parents die without a will naming a guardian, the court appoints one. Relatives can petition, and the court decides based on the children's best interests. Grandparents on both sides, aunts, and uncles sometimes end up in conflict over this. A will is the only place you get to tell the court what you want.

Property left to a minor child is also a problem. A minor cannot own significant assets outright, so the court sets up a conservatorship to manage the money until the child turns 18, at which point the child gets all of it at once. A will can instead leave the property in a trust with an adult you choose managing it until an age you choose.

Assets that pass outside of intestacy

Some property is not affected by whether you have a will: life insurance and retirement accounts with a named beneficiary, bank accounts with a payable-on-death designation, and property owned jointly with right of survivorship. Those go to the named person or surviving owner regardless. Many people have more of their wealth in these forms than they realize, and an outdated beneficiary designation (an ex-spouse, a deceased parent) causes real problems.

How to avoid all of this

Write a will. For most Alaskans, a properly drafted will with a self-proving affidavit, paired with an advance healthcare directive and a financial power of attorney, is the entire estate plan. It takes one meeting to plan and one to sign. Kaden Vanwey at Arctic Law Alaska drafts these for families across the Mat-Su Valley and Anchorage.