Detailed answer — Overview and step-by-step process

When multiple people inherit land or a house and one or more owners refuse to cooperate or cannot be located, Alaska law allows a co-owner to ask the superior court to partition the property. The court can divide the property among owners (partition in kind) or order a sale and divide the proceeds (partition by sale). The basic process in Alaska includes identifying owners, preparing documentation, filing a partition complaint in superior court, serving all interested parties, and asking the court to appoint a commissioner or order a sale.

1. Confirm ownership and gather documents

• Gather the deeds, the decedent’s will, probate documents, and any title or survey records.
• Confirm who holds legal title now (joint tenancy, tenancy in common, heirs via probate). If the property passed through probate, obtain the probate file.

2. Try to reach agreement before filing

Courts prefer parties to resolve division privately. Send written offers to buy out nonresponding owners or propose a formal division. Keep records of your outreach—dates, methods, and responses (or lack of response).

3. Prepare and file a complaint for partition in superior court

If informal contact fails, file a civil action in the Alaska Superior Court in the judicial district where the property sits. The complaint should:

• Describe the property (legal description or parcel number).
• List every person or entity with a recorded or claimed interest—including heirs, beneficiaries, lienholders, and unknown claimants.
• Ask the court to partition the land in kind or, if division is impracticable, to order sale and distribution of proceeds.
• Request appointment of a commissioner to carry out the partition or sale if needed.

Alaska’s partition statutes spell out the court’s power to partition and to sell when partition in kind is impractical. See the Alaska statutes governing partition actions (generally codified at AS 09.45). For the statutory text, visit the Alaska Legislature site: AS 09.45.010 (and following sections).

4. Name all defendants and provide appropriate service

It is critical to name every person who might claim an interest. If you cannot identify names or locations, many complaints include a “John Doe” or “unknown heirs” defendant to protect the action. After filing, you must serve each defendant with the complaint and summons under the Alaska Rules of Civil Procedure.

If a co-owner will not accept or respond to personal service, Alaska law and the civil rules permit alternative methods such as substituted service or service by publication when the court agrees the party cannot be found. The court may allow service by publication after you show reasonable efforts to locate the person. If service by publication is authorized and published, a nonresponding owner may be bound by the court’s orders once publication requirements are met and the court issues judgment.

5. Default, representation, and unknown claimants

• If a properly served defendant does not answer, you may seek a default judgment against that party. The court will still require notice steps and may appoint a guardian ad litem or an attorney to represent unknown or unlocatable interests before final sale or division.
• If minors, incapacitated persons, or persons under guardianship have an interest, the court will appoint a guardian ad litem or protect their share under court supervision.

6. Asking the court to partition or sell

If the court finds physical division practical, it can order partition in kind. If physical division is impracticable or would prejudice the owners, the court can order sale and distribution. The court frequently appoints a commissioner to conduct the survey, manage sale, and distribute funds.

7. Handling liens, mortgages, and costs

The court will address outstanding liens and mortgages. Proceeds from sale normally pay liens and sale costs first; remaining funds are distributed by ownership shares. If one co-owner secured improvements or paid taxes, the court can adjust shares to reflect equitable credits or liens.

8. Timeframe and costs

Partition actions can take months to over a year depending on complexity—locating parties, resolving title defects, completing surveys, and arranging sale. Costs include court filing fees, service costs, survey and appraisal fees, commissioner fees, and attorneys’ fees (if awarded by the court).

9. When co-owners are out-of-state or foreign

The court can exercise jurisdiction over out-of-state or foreign co-owners if they have sufficient ties to the property. Proper service or authorized long-arm procedures must be followed so the court’s order is binding.

10. Consider related claims

Partition actions sometimes overlap with quiet-title claims, claims to remove clouds on title, claims for accounting (contribution for repairs or taxes), and probate matters. Addressing these issues together can avoid multiple lawsuits.

Practical checklist — What to do next (step-by-step)

1. Collect deeds, wills, probate paperwork, surveys, tax records, and mortgage information.
2. Identify and list every possible owner or claimant (check county records, probate, and last known addresses).
3. Send documented written demands offering buyout or division—keep proof of mailing and delivery attempts.
4. If no agreement, prepare and file a partition complaint with the Alaska Superior Court in the county where the property sits.
5. Arrange proper service on all named parties. If you cannot locate a person, document your search efforts; ask the court for substituted service or service by publication if needed.
6. Ask the court to appoint a commissioner to survey, divide, or sell, and to handle sale logistics if required.
7. Be prepared to address liens, taxes, and claims for contribution or reimbursement.

Helpful hints

• Start with the county recorder’s office and probate records to confirm interests and last-known addresses.
• Document every attempt to contact unresponsive owners—courts will want proof before allowing service by publication or other nontraditional service.
• Consider mediation first. A neutral mediator can often produce a buyout or crafty division that saves time and money.
• Get a recent title search and a professional appraisal early to set realistic expectations for buyouts or sale value.
• Use a licensed surveyor to determine whether partition in kind is physically feasible—this can influence the court’s decision.
• If you expect missing heirs or unknown claimants, include a claim against “unknown heirs and persons” in your complaint so final orders bind future claimants once required notice steps are taken.
• If you are insured, notify any title insurer of the dispute—title insurance can affect how claims are resolved.
• Be mindful that forced sales may reduce the property’s value; weigh the long-term costs of litigation vs. negotiation.

Where to find forms and statutes

Locate the Alaska Superior Court forms and local rules on the Alaska court system website to see filing procedures, local filing fees, and service rules. For the statutory framework for partition actions, see the Alaska Legislature’s statutes on partition (for example, the partition provisions beginning at AS 09.45). See: AS 09.45.010.