Disclaimer: This article does not provide legal advice. Consult a qualified Alaska attorney for guidance on your specific situation.
Detailed Answer
When someone dies without a valid will in Alaska, their estate passes under the state’s intestate succession laws. If the decedent leaves no surviving spouse but has two children, Alaska Statute AS 13.12.045 provides the guiding rule for distribution:
Under AS 13.12.045 (Issue Only), the estate goes to the decedent’s children in equal shares. Each child inherits an equal percentage of the probate estate. In your scenario with two children, each receives 50% of the estate.
Key steps under Alaska intestacy law:
- Identify eligible heirs. Alaska Statute AS 13.12.020 defines “issue” as children and further descendants.
- Determine distribution shares. With no spouse and two children, distribute the net probate estate equally (per capita) under AS 13.12.045.
- Open probate proceedings. File a petition in the superior court of the decedent’s residence to appoint a personal representative. The representative gathers assets, notifies creditors, pays debts, then distributes remaining assets to the heirs.
- File necessary tax and court documents. The personal representative must file the decedent’s final tax return, estate tax returns (if required), and an accounting with the court before distribution.
If a child predeceased the decedent but left their own children (the decedent’s grandchildren), the grandchildren would step into their parent’s share and divide it equally (per stirpes) under AS 13.12.045.
Helpful Hints
- Start probate promptly: Alaska law imposes deadlines for creditor notices and estate administration.
- Gather all estate assets: bank accounts, real property, personal belongings, and digital assets.
- Keep detailed records: document expenses, distributions, and communications with the court.
- Consider a probate lawyer: even simple estates can involve complex procedure and strict deadlines.
- Review beneficiary designations: some assets (like retirement accounts) pass outside probate.