How to enforce or dispute an oral agreement about dividing wrongful death proceeds in Alaska

Short answer: In Alaska, whether an oral agreement about dividing wrongful death proceeds can be enforced depends on who has authority to settle the claim (usually the personal representative or surviving statutory beneficiaries), whether the agreement falls within any statute requiring a writing, and whether you can prove the agreement through admissible evidence. You can try to enforce an oral agreement through negotiation, probate court procedures, or a breach-of-contract lawsuit in Alaska Superior Court. To dispute an oral agreement, you must file timely objections or an action seeking a declaration that no enforceable contract exists, and present evidence supporting your position.

Detailed Answer

Which Alaska rules and statutes matter?

Start by understanding three legal frameworks that commonly apply:

Alaska’s wrongful death law, which governs who may sue and how proceeds are distributed: see Alaska Statutes, Title 09, Chapter 55 (Wrongful Death) — https://www.akleg.gov/basis/statutes/display_chapter.php?title=09&chapter=55
Alaska’s probate and estate statutes, which control a personal representative’s authority and probate procedures: see Alaska Statutes, Title 13 (Probate, Trusts, and Protective Proceedings) — https://www.akleg.gov/basis/statutes/display_title.php?title=13
General contract and civil procedure rules that apply to enforcing agreements and bringing lawsuits in Alaska Superior Court (Alaska Rules of Civil Procedure and applicable statutes).

Who can bind the estate or the wrongful-death claim?

In many wrongful-death matters the personal representative (executor/administrator) of the decedent’s estate has authority to bring, settle, or release claims on behalf of the estate and the statutory beneficiaries. If there is no personal representative, the statutory beneficiaries (for example a surviving spouse or children under AS 09.55) may have the right to pursue or accept a settlement. Because the identity and authority of the decisionmaker affects enforceability, confirm whether the person who made the oral promise had legal authority to commit the estate to that division.

Can an oral agreement be enforced?

Oral agreements can be enforceable in Alaska for many types of contracts, but you must prove the agreement’s terms and that both sides consented. Common factors a court will consider include:

Who made the promise and whether that person had authority to bind the estate or the wrongful-death action.
Whether the agreement requires a writing under applicable statute or the Alaska Rules (for example, some transfers or dispositions involving wills, real estate, or certain types of agreements may require a written instrument).
Clear evidence of the agreement: witnesses, emails/texts referring to the agreement, part performance, payment or transfers made in reliance on the agreement, or contemporaneous notes memorializing the deal.
Whether one party reasonably relied on the oral promise to their detriment (estoppel/part performance).

Typical enforcement process

Collect and preserve evidence. Save texts, emails, recorded voicemail (if legal in your circumstances), witness names and statements, bank records, drafts of division calculations, and any partial payments or actions taken in reliance on the oral agreement.
Demand and negotiate. Send a written demand or settlement confirmation and ask that the other side confirm the oral deal in writing. Parties often resolve these disputes through negotiation or mediation.
Probate or court filing. If the estate is in probate, file a petition or objection in the Alaska Superior Court handling the probate to request enforcement, confirmation, or court approval of the division. If the wrongful-death claim has already produced proceeds held by a personal representative, the court can decide whether to approve a distribution or to require a written agreement.
Contract or declaratory judgment suit. If negotiation fails, file a breach-of-contract action or a declaratory judgment in Alaska Superior Court asking the court to declare whether the oral agreement is enforceable and to award damages or specific performance (division as promised) if appropriate.
Remedies. Remedies may include enforcing the agreed division, awarding damages for breach, or ordering equitable relief (such as accounting, disgorgement, or injunctive relief) depending on the facts and the court’s powers.

Typical defenses and reasons to dispute an oral agreement

Common grounds to contest enforcement include:

The person who made the promise lacked authority to bind the estate or beneficiaries.
The alleged agreement was ambiguous or uncertain as to essential terms (who gets what share?).
The agreement violates a statute that requires a written, signed document for that type of disposition.
The agreement was procured by fraud, undue influence, mistake, or misrepresentation.
The statute of limitations or similar time limits have expired for bringing a contract claim.

Where to file and what court handles these disputes

In Alaska, probate matters and disputes about estate administration and distribution are typically handled in Alaska Superior Court in the county where the decedent lived. Wrongful-death and contract claims are also brought in Superior Court. If the estate is already under a probate case, filing an objection or petition in that probate docket is often the right procedural step; otherwise a separate civil action (for breach of contract or declaratory relief) may be necessary.

Proof and practical tips for persuading a judge

Produce contemporaneous communications (texts, emails) that refer to the agreement.
Obtain written statements or affidavits from witnesses who heard the agreement.
Show part performance or actions taken because of the agreement (payments, transfers, giving up other rights, or reliance expenditures).
Document any authority the promisor had to act for the estate (letters testamentary, personal representative appointment, or beneficiary status under AS 09.55).

Time limits and urgency

Statutes of limitations and probate timelines can be fatal if you delay. If you believe an oral agreement exists or was breached, act promptly: preserve evidence, contact the personal representative, and consult a lawyer familiar with Alaska probate and wrongful-death law. For general information about the wrongful-death statute, see AS 09.55 (Wrongful Death): https://www.akleg.gov/basis/statutes/display_chapter.php?title=09&chapter=55

Helpful Hints

When possible, get any settlement or agreement in writing and signed by the person who can legally bind the estate (personal representative or all beneficiaries). A signed writing removes most disputes.
Keep a detailed timeline and preserve all communications, receipts, bank records, and witness contact information.
If the estate is open in probate, file objections or petitions in that probate case rather than only disputing privately.
Ask whether the person making the promise was the personal representative or had letters testamentary/administration. You can ask the court clerk or search the probate docket to confirm.
Consider mediation. Courts commonly require or encourage mediation in probate and wrongful-death disputes and it can save time and cost compared with full litigation.
Talk to an attorney promptly. Probate and wrongful-death claims have procedural rules and deadlines that vary by situation.

Where to learn more

Primary statutory sources and court resources:

Alaska Wrongful Death statute (Title 09, Chapter 55): https://www.akleg.gov/basis/statutes/display_chapter.php?title=09&chapter=55
Alaska Probate and Estate statutes (Title 13): https://www.akleg.gov/basis/statutes/display_title.php?title=13
Alaska Court System (information on Superior Court and probate dockets): https://www.courts.alaska.gov/

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. Laws change and every case turns on its facts. For advice about a specific situation involving wrongful-death proceeds or an oral agreement in Alaska, consult a licensed Alaska attorney.