Detailed answer — how heirs can keep the house under Alaska law

1. First step: determine how title and probate status affect ownership

Before any plan, identify how the property is titled and whether the estate is in probate:

• If the deed names joint tenants with rights of survivorship, surviving co‑owners may automatically keep the property outside probate.
• If the owner left a will, the will and the personal representative’s duties control how the house is handled in probate.
• If the decedent died intestate (without a will), Alaska’s intestate succession rules govern which heirs inherit (see Alaska statutes on intestate succession for details).

See Alaska’s probate and intestate succession chapters for general rules: AS 13.12 (Intestate succession) and AS 13.16 (Administration and powers of personal representatives).

2. Common ways heirs keep the house

These options often allow heirs to keep the home without selling it on the open market:

1. Buyout (one or more heirs buy the others)

   Heirs can agree that one person pays the fair value of other heirs’ shares. Steps include ordering an appraisal, agreeing a price, and completing a deed transfer and any mortgage/financing needed.

2. Refinance or assume mortgage

   An heir who wants to keep the house can refinance the property in their own name to pay off co‑heirs’ shares or the estate’s debt. Lenders will underwrite the borrower’s credit and income.

3. Co‑ownership agreement

   Heirs can draft a written agreement covering who pays taxes/maintenance, how long someone may live there, rules for selling later, and a buy/sell formula. A clear agreement reduces conflict.

4. Use of trusts or life estates

   The estate or heirs can create a trust or life estate interest to allow one person to live in the home while preserving heirs’ ownership interests.

5. Rent to cover costs

   If heirs cannot agree to transfer ownership immediately, they may rent the home and use rental income to pay taxes, insurance, and mortgage until a plan is made.

3. What if heirs don’t agree — partition actions

If heirs cannot reach an agreement, any co‑owner can file a partition action in court. A partition in kind divides property physically only if practical. More often, courts order a partition by sale and split proceeds among co‑owners. A court sale ends shared ownership even if some heirs want to keep the house.

Because a forced sale can be costly and uncertain, courts often encourage settlement before ordering sale.

4. Practical steps to try to keep the house

1. Confirm title: pull the deed and title report to see how the property is owned.
2. Ask whether the estate is open in probate and who the personal representative is (if any). The personal representative has duties under probate law and may need court authority to sell estate property (AS 13.16).
3. Get an independent appraisal to set a fair buyout price.
4. Explore financing: refinance, assume mortgage, or find other funding for a buyout.
5. Draft a written buy‑sell or co‑ownership agreement and record any deed transfers properly with the local recorder.
6. If disagreements remain, consider mediation to avoid a costly partition lawsuit.

5. Example (hypothetical facts)

Three siblings inherit a house as equal tenants in common after a parent dies without a will. One sibling wishes to live there. Steps that could keep the house in the family:

• Order an appraisal. If the house appraises at $300,000, each share is $100,000.
• The sibling who wants the house arranges a refinance for $200,000 to pay the two siblings $100,000 total (or each $50,000), and places the property in their name.
• Alternatively, the siblings sign a written agreement letting the sibling live there and pay an agreed monthly share for a set period, after which the house is sold or one sibling buys the others.

6. Key Alaska legal points to remember

• If the property is part of a probate estate, the personal representative must follow Alaska probate rules in handling real property (AS 13.16).
• If someone dies without a will, Alaska’s intestacy rules determine heirs and shares (AS 13.12).
• Absent agreement, a co‑owner may force a partition; courts may order sale and divide proceeds.

Helpful hints

• Start by obtaining a certified copy of the death certificate and the deed. Knowing who holds legal title is essential.
• Get a current market appraisal early so buyout discussions use a neutral number.
• Document every agreement in writing and record any deed changes with the local recorder’s office.
• Consider mediation before litigation. Mediators can help heirs negotiate buyouts, payment plans, or trust arrangements.
• Check tax consequences: selling an inherited home or transferring title can have capital gains or other tax effects. Consult a tax professional.
• If the estate owes debts or there is a mortgage, the personal representative must address those obligations per Alaska probate rules (AS 13.16).
• If financing is required, a lender will want clear title and may require that an estate or co‑ownership issues are resolved before refinancing.

Next best action: Talk with a probate or real property attorney in Alaska early. An attorney can confirm who legally owns the property, explain the probate status, prepare buy‑sell agreements or deeds, and help you avoid a forced partition.