Alaska: Joint Bank Accounts and Jointly Owned Property When Someone Dies Without a Will

Detailed answer — how title and Alaska law determine what happens

This explanation assumes no will and no trust. It covers common situations: jointly held bank accounts, payable-on-death accounts, joint real estate, and assets held only in the decedent’s name.

1. Joint bank accounts and accounts labeled “with right of survivorship”

If the bank account is in joint names with rights of survivorship, the surviving joint owner usually becomes the sole owner automatically when the account holder dies. Banks normally require a certified death certificate and may ask the surviving owner to sign new account paperwork. This transfer is based on title and the account agreement more than on probate.

Practical points:

• The bank may freeze the account temporarily while it verifies the death and reviews account agreements.
• Creditors of the decedent may have limited claims against jointly held accounts if state law or the account agreement allows. Alaska law and bank policies affect how creditor claims are treated.

2. Payable-on-death (POD) or transfer-on-death designations

Accounts or securities that include a payable-on-death or transfer-on-death designation pass directly to the named beneficiary after the custodian receives proof of death. These assets avoid probate and do not pass under intestacy rules.

3. Joint real estate: joint tenancy vs. tenancy in common

Real property ownership depends on the recorded deed language. If the deed creates a joint tenancy with right of survivorship, the surviving joint tenant automatically owns the decedent’s share of the property by operation of law. If the property is held as tenancy in common, the decedent’s share becomes part of the probate estate and passes by intestate succession to heirs.

4. Assets solely in the decedent’s name (or tenancy in common shares)

Assets owned only in the decedent’s name go through probate unless they are small enough for Alaska’s simplified procedures or are covered by nonprobate devices (POD, TOD, beneficiary designations, joint tenancy). Alaska’s intestate succession rules determine who inherits when there is no will. Those rules prioritize surviving spouse and descendants, then parents and other relatives. For an overview of Alaska probate and intestacy law, see the Alaska statutes and court resources: Alaska Statutes, Title 13 (Probate) and Alaska Court System — Probate Services.

5. Creditor claims and debts

The decedent’s unpaid debts remain payable from the probate estate. If an asset passed automatically to a joint owner because of survivorship language, creditors may have more difficulty reaching that asset but may still pursue claims in limited circumstances. Assets that pass outside probate (POD, joint tenancy) are generally shielded from probate administration but not necessarily from legitimate creditor actions in all cases.

6. Small estates and simplified procedures

Alaska has procedures to simplify the transfer of small estates without full probate. The court and statute set the qualifying limits and required steps. Check the Alaska Court System’s probate pages or consult an attorney to see whether a simplified claim or affidavit procedure applies.

7. When ownership is unclear or accounts are mixed

If the titling is ambiguous (e.g., the bank’s records conflict with the deed, or the words on a deed are unclear), the asset may go to probate or require a quiet-title action. Mixes of community, separate, or gifted funds into a joint account can create disputes that benefit from legal advice and, in some cases, court resolution.

8. Timelines and immediate steps for survivors

1. Obtain several certified copies of the death certificate.
2. Gather account statements, deeds, beneficiary designations, and the decedent’s personal records.
3. Contact banks and custodians to determine whether assets pass by survivorship or beneficiary designation.
4. If probate seems necessary, contact the local probate court or an Alaska probate attorney promptly.

For Alaska statutes related to probate and intestate succession, start here: Alaska Statutes — Title 13. For court procedures, forms, and small estate information, see: Alaska Court System — Probate Services.

Disclaimer: This is general information and not legal advice. Laws change and every situation is different. Consult a licensed Alaska attorney about your specific facts before making legal decisions.

Helpful Hints

• Do not rush to withdraw or close accounts until you know whether you have legal ownership.
• Get several certified death certificates early—banks, title companies, and other institutions request them.
• Check account agreements and the recorded deed wording to determine survivorship language.
• Look for beneficiary designations on retirement accounts, life insurance, and transfer-on-death forms; those override wills and probate for those assets.
• If the estate looks complex or has significant debts, hire an Alaska probate attorney to protect your rights and meet filing deadlines.
• Use Alaska Court System resources and local clerk’s offices for forms and guidance on small estate alternatives: https://courts.alaska.gov/services/probate.htm
• Keep clear records of communications with banks, including who you spoke with and what documents they requested.