Affidavit of Heirship in Alaska
Whether Alaska lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. Alaska has no statutory affidavit of heirship for real estate. Heirs are determined in a probate proceeding in the superior court. AS 13.16.680
| Affidavit / determination of heirship | No statute. Alaska has no statutory affidavit of heirship for real estate. Heirs are determined in a probate proceeding in the superior court. The small estate affidavit cannot be used for real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed. Re-verified 2026-10-27. Source: AS 13.16.680 |
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| Who inherits without a will | Surviving spouse: everything if the decedent left no descendants and no parent, or if all the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $200,000 plus three-fourths of the rest if a parent survives but no descendants; the first $150,000 plus half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $100,000 plus half of the rest if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. Special rules apply to Alaska Native Claims Settlement Act corporation stock. Re-verified 2026-10-27. Source: AS 13.12.102, 13.12.103 |
More Alaska estate law
- Medical Power of Attorney in Alaska
- Small Estate Affidavit in Alaska
- Power of Attorney in Alaska
- Quitclaim Deeds and Transferring Property in Alaska
- Who Inherits If You Die Without a Will in Alaska
- How to Make a Valid Will in Alaska
- How Probate Works in Alaska
- Living Wills and Advance Directives in Alaska
- Revocable Living Trusts in Alaska
- Executor Duties in Alaska
- Letters Testamentary in Alaska
- How to Avoid Probate in Alaska
- Transferring a Car After Someone Dies in Alaska
- All Alaska wills, probate and estate rules
FAQ
Does Alaska have an affidavit of heirship?
No statute. Alaska has no statutory affidavit of heirship for real estate. Heirs are determined in a probate proceeding in the superior court. The small estate affidavit cannot be used for real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed.
Who inherits if someone dies without a will in Alaska?
Surviving spouse: everything if the decedent left no descendants and no parent, or if all the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $200,000 plus three-fourths of the rest if a parent survives but no descendants; the first $150,000 plus half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $100,000 plus half of the rest if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. Special rules apply to Alaska Native Claims Settlement Act corporation stock.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.