All Laws Decoded

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 heirshipNo 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
Who inherits without a willSurviving 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.

More Alaska estate law

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.