Intestate Succession in Alaska: What Happens If You Die Without a Will in AK — Estate Planning Legal Guide | CGMIMM

## What happens if I die without a will in Alaska? When someone dies without a valid will, they're said to have died **intestate**. Alaska's intestate succession statute decides who inherits — not you, not your family's understanding of your wishes, not what you told someone last Thanksgiving. Alaska is a **common-law (separate-property) state**. Each spouse owns what's titled in their name; intestacy applies to the deceased spouse's individual property. ### The basic rule for a married person with children Spouse takes everything if all of the decedent's children are also the spouse's children. If there are children from other relationships, spouse and those children split the estate. ## What if I'm not married, or have no kids? Alaska follows a standard order of priority when the spouse-and-children scenario doesn't apply: 1. **Spouse, no kids** — spouse usually takes everything (with some states cutting parents in for a share) 2. **Kids, no spouse** — kids divide everything equally; if a child has died, that child's share usually goes to their kids (the decedent's grandchildren) 3. **No spouse, no kids** — parents inherit; if parents are gone, siblings; then nieces/nephews; then grandparents; then aunts/uncles; then cousins 4. **No relatives at all** — property "escheats" to the state ## Things intestacy doesn't catch Even if you have a will, certain assets pass OUTSIDE the will and outside intestacy: - **Life insurance** — goes to the named beneficiary - **Retirement accounts (401(k), IRA)** — go to the named beneficiary - **Property held in joint tenancy or with right of survivorship** — goes to the surviving co-owner - **Bank accounts with payable-on-death (POD) designations** — go to the named beneficiary - **Property held in a trust** — distributed under the trust terms Update those beneficiary designations regularly — they trump anything you write in a will or anything the intestacy statute says. ## Why intestacy usually delivers the wrong outcome - It splits assets in a way most families don't actually want - It doesn't recognize step-kids, godchildren, unmarried partners, or close friends - It can force a sale of the family home if heirs can't agree - It triggers court-supervised probate (slower, more expensive) - It often dumps a lump sum on minor children — administered by a guardian YOU did not choose ## What you should do If you don't have a will, get one. A simple will from a Alaska estate-planning attorney typically costs less than a single car payment, and it lets YOU decide who gets your stuff, who raises your minor kids, and who manages the estate. If you already have a will, review it after every major life change — marriage, divorce, kids, a death in the family, a move to a new state. --- *This guide is general information about Alaska law as of early 2026 and is not legal advice. Intestacy formulas have many edge cases (predeceased heirs, half-siblings, adopted children, paternity questions, slayer rules, omitted-spouse statutes) that can change the analysis. Talk to a licensed Alaska estate-planning attorney.*