Dying Intestate Alaska

Married with no children
There are two ways in which a spouse receives the entire estate:

  • No descendants or parents of the deceased survive the descendant.
  • All of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.

If no descendant of the decedent survives the deceased but a parent of the deceased survives, the surviving spouse receives the first $200,000 plus three fourths of any balance of the intestate estate.

If all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, the surviving spouse receives the first $150,000 plus one half of any balance of the intestate estate.

If one ore more of the decedent’s surviving descendants are nor descendants of the surviving spouse, that spouse receives the first $100,000 plus one half of any balance of the intestate estate.

Married with child or children
Any part of the intestate estate not passing to the decedent’s surviving spouse passes as indicated below:
Order of estate distribution if spouse survives
1) the decedent’s descendants 2) the decedent’s surviving parent(s) 3) descendants of the decedent’s parents 4) grandparent(s) 5) descendants of grandparents
No spouse survives (or the decedent was single) but there are other relatives
See the order of estate distribution above.
No surviving relatives
The estate passes to the state of Alaska.
State link
http://tinyurl.com/cdq32r
Special notes
1)If you click on the state link, scroll down to Section 13.12.101 titled Intestate Estate.
2) An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent.
3) All inheritance in Alaska is passed by representation.  This means that each surviving descendant in the nearest generation is allocated one share and the remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of any deceased descendants.
4) Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

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