Detailed Answer

Quick overview: When a person dies, you must determine whether property passes outside probate (by title or beneficiary designation) or through probate. If there is no valid will, Alaska’s probate rules and intestate succession determine the “rightful heirs.” The Alaska Superior Court handles probate matters.

Step 1 — Get the death certificate and preserve documents

Obtain several certified copies of the death certificate (required by banks, the recorder, insurers, and courts). In Alaska, request records from the Alaska Division of Public Health, Vital Records: https://dhss.alaska.gov/dph/VitalRecords/Pages/default.aspx.

Step 2 — Look for a will or estate plan

Search the decedent’s home, safe deposit box, personal papers and mail for a will, trust documents, deeds, life insurance policies, retirement account statements, or beneficiary forms. The named executor (personal representative) and any named beneficiaries will control how many assets pass.

Step 3 — Determine which assets pass outside probate

Certain property typically passes outside probate and will not be divided by heirs under the probate court’s distribution rules:

• Property titled jointly with right of survivorship (joint tenancy).
• Bank or investment accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary.
• Life insurance and retirement accounts with named beneficiaries.
• Trust assets held in a revocable or irrevocable trust.

Contact account institutions and review title documents to confirm.

Step 4 — Check public property records

To see who currently owns real property, check the local recorder/assessor office where the property is located. In Alaska, recording is handled by the city or borough recorder or clerk. Many boroughs and municipalities publish searchable online property and deed records; contact the local office directly if no online search exists.

Step 5 — Check probate court records

If the decedent’s estate has opened a probate case, the Superior Court in the judicial district where the decedent lived will have filings showing the personal representative, heirs, and inventory of estate assets. The Alaska Court System maintains probate information and explains how to open a case: https://public.courts.alaska.gov/web/probate/index.htm. Alaska’s probate and trust statutes are in Title 13 of the Alaska Statutes (probate topics): https://www.akleg.gov/basis/statutes.php?title=13.

Step 6 — If there is no will: How heirs are generally determined in Alaska

When someone dies intestate (without a valid will), Alaska law orders who inherits. The general order of priority (simplified) is:

1. Surviving spouse and/or surviving children (descendants).
2. If no spouse or descendants, deceased’s parents.
3. If no parents, siblings or their descendants (nieces/nephews), and then more remote relatives.

The exact share depends on whether a spouse survives and whether the decedent had children from the marriage or outside it. For the precise statutory rules, see Alaska Statutes (Title 13) for intestate succession rules: https://www.akleg.gov/basis/statutes.php?title=13.

Step 7 — When family relationships are unclear

Proving heirship can require records: birth certificates, adoption decrees, marriage certificates, paternity findings, or court orders. Adopted children generally inherit from adoptive parents; stepchildren typically do not unless legally adopted. If an heir is unknown or in dispute, the court can require notice to potential heirs and may appoint the state or a guardian ad litem to represent unknown interests.

Step 8 — Small estate and simplified procedures

Alaska provides procedures for smaller estates that can avoid full probate in some cases. The Alaska Court System’s probate pages describe simplified processes and forms: https://public.courts.alaska.gov/web/probate/index.htm. If estate assets are small or consist only of certain personal property, a short, less formal process may be available.

Step 9 — If you disagree about ownership or heirs

Heir disputes or competing claims to property can lead to contested probate litigation. The Superior Court resolves disputes after notice and hearings. Because litigation involves strict timelines and procedural rules, consult a probate or real estate attorney licensed in Alaska to review the situation and represent your interests.

Hypothetical example to illustrate

Grandparent A dies owning a deeded cabin in a small Alaska borough. A search finds no will. The cabin is titled only in A’s name (no joint owners). The children (two surviving adult children) would generally be A’s primary heirs under intestate succession and would inherit the cabin through probate, unless the cabin is transferred outside probate by a beneficiary designation or held in a trust. To confirm, you would:

• Get certified death certificates;
• Search the borough recorder for the deed and any liens;
• Check the Superior Court probate docket where A lived for an opened estate;
• If no probate case exists, the children could open probate to obtain court authority to transfer the deed into their names.

When to hire an attorney

Consider talking to an Alaska probate or real estate attorney when:

• There is no will and multiple family members claim right to property;
• Title is ambiguous or jointly held with disputed survivorship rights;
• There are creditor claims, taxes, or complex assets (business interests, out-of-state real estate, trusts);
• You need to open probate, prepare inventories, or defend/remove a personal representative.

Important resources

• Alaska Court System — Probate center and forms: https://public.courts.alaska.gov/web/probate/index.htm
• Alaska Statutes, Title 13 (probate-related statutes): https://www.akleg.gov/basis/statutes.php?title=13
• Alaska Division of Public Health — Vital Records (death certificates): https://dhss.alaska.gov/dph/VitalRecords/Pages/default.aspx

Disclaimer: This article is for general information only and does not provide legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.

Helpful Hints

• Order multiple certified death certificates right away — many institutions require an original certified copy.
• Search for a will in obvious places (safe, file cabinet, bank safe deposit box) and ask the decedent’s attorney or bank if they hold estate documents.
• Check beneficiary designations (life insurance, IRAs, 401(k)s) — these override wills and probate distributions.
• Look up the property at the local borough/city recorder or assessor to confirm current title and any recorded liens.
• Search the Superior Court probate docket in the district where the decedent lived to see if someone already opened a probate case.
• Keep careful records of all contacts, receipts, inventories, and communications about the estate — courts and fiduciaries require documentation.
• If family relationships are unclear, collect vital records (birth, marriage, divorce, adoption) early to support heirship claims.
• If an urgent creditor or foreclosure situation exists, consult an attorney quickly — deadlines can be short.
• Use the Alaska Court System resources and local recorder offices as primary official sources; be skeptical of unverified online title summaries.