What to do when a parent dies without a will in Alaska and you need the house transferred to the children

Short answer: First determine how the house was owned (joint owner, tenancy, or sole owner). If the decedent owned the home alone, you will generally need to open probate in Alaska and have a personal representative (administrator) appointed to collect assets, pay debts, and transfer the property to the heirs under Alaska’s intestacy rules. If the home was held jointly with survivorship rights, it often passes outside probate. This article explains the typical steps, relevant Alaska law references, and practical next steps.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Alaska attorney or the probate clerk in the superior court where the decedent lived.

Detailed answer — steps to transfer a deceased parent’s house under Alaska law

1. Confirm how the property was titled

Start by locating the deed and any mortgage documents. Look for language such as “joint tenants with right of survivorship,” “tenancy by the entirety,” or whether the decedent held title in their sole name. If the property was jointly owned with survivorship rights, the surviving owner usually takes full title automatically and probate is not required. If the decedent owned the house alone, probate is normally required to transfer legal title.

2. Determine the heirs under Alaska intestacy law

If the decedent died without a will (intestate), Alaska’s intestacy rules determine who inherits. These rules prioritize a surviving spouse, then children, parents, siblings, and more. For the exact statutory rules, see Alaska Statutes, Title 13, Chapter 12 (Intestate Succession):
https://www.akleg.gov/basis/statutes.asp#13.12.

Example: If a parent dies leaving only three adult children and no spouse, the children typically inherit the estate in equal shares under Alaska law.

3. Figure out whether simplified procedures apply

Alaska offers different procedures depending on the estate size and the assets involved. Some small estates qualify for simplified administration that avoids full probate. However, transferring real property often still requires some formal court action or a recorded deed signed by the personal representative. Check the Alaska Court System probate information and forms for small-estate or simplified procedures:

https://www.courts.alaska.gov/forms/index.htm

4. Open probate and get letters (if needed)

If probate is required, file a petition for probate and appointment of a personal representative (administrator) in the Alaska Superior Court in the judicial district where the decedent lived. The court will issue letters of administration to the appointed administrator, who has authority to collect assets, pay debts and taxes, and distribute property to heirs according to the statutory scheme.

5. Administrator handles the property transfer

Once appointed, the administrator will: obtain a certified death certificate; gather estate information; notify creditors; pay valid debts and any taxes; obtain an appraisal if needed; and prepare and sign a deed to convey the house to the heirs or otherwise comply with a court order distributing the property.

The administrator typically conveys title by preparing a new deed (for example, a personal representative’s deed or administrator’s deed) that the administrator signs and records in the local recorder’s office (borough or city recorder). Recording the deed makes the transfer part of the public record.

6. Address mortgages, liens, and taxes

Mortgages and other liens remain attached to the property until they are paid or otherwise resolved. The administrator must determine whether the estate has enough assets to pay these obligations or whether heirs will assume the mortgage (with lender approval). You may need to contact the mortgage lender and the local recorder to learn the outstanding balances and any required payoff procedures.

7. Options for taking title after transfer

Heirs can take title in several ways, with different legal and tax consequences. Common forms include tenants in common (each heir owns a share that they can sell or pass to their heirs) or joint tenants with right of survivorship (survivorship rules may allow remaining owners to inherit automatically). Choose the form that fits your family’s needs and consult an attorney about liability, tax, and long-term planning implications.

8. When problems arise

If the estate is contested (disputes among heirs), if the title record is unclear, or if a creditor challenges the distribution, you may need to ask the court to resolve disputes or to clear title (quiet title action). A probate attorney can advise on contested matters and represent the estate in court.

Relevant Alaska resources and statutes

Alaska Statutes — Title 13 (Probate, Trusts, and Fiduciary Relations), including intestacy: https://www.akleg.gov/basis/statutes.asp#13.12
Alaska Court System — probate forms and information: https://www.courts.alaska.gov/forms/index.htm
Local recorder/land recording office — record deeds in the borough or city where the property sits (contact your local borough or city recorder)

Practical example (hypothetical)

Hypothetical facts: A parent, who was the sole owner of a house in Anchorage, dies intestate and leaves three adult children and no spouse. The children locate the deed, obtain several certified death certificates, and learn there is a mortgage.

Typical path: One child petitions the Alaska Superior Court in the appropriate district to be appointed administrator. The court issues letters of administration. The administrator notifies creditors and the mortgage lender, arranges payment or assumption of the mortgage, obtains a property appraisal, and prepares an administrator’s deed that conveys the house in equal one-third shares to each child as tenants in common. The deed is signed by the administrator and recorded at the Anchorage Recorder. If the heirs prefer joint tenancy or wish to sell the property, they take those steps after title transfer.

Helpful Hints

Obtain multiple certified copies of the death certificate early — you will need them for the court, mortgage lender, banks, and title companies.
Check the deed before spending time on probate. Joint tenancy or survivorship ownership can avoid probate.
Contact the mortgage lender as soon as possible to learn balances and options for payment or assumption.
Check for liens or unpaid property taxes before recording a new deed; unresolved liens can block transfers.
Use the Alaska Superior Court probate clerk as a resource — clerks can explain local filing requirements and forms but cannot give legal advice.
Consider title insurance or a title search before transferring or selling the house to identify clouds on title.
Decide ownership form (tenants in common vs. joint tenancy) deliberately — each has different estate and creditor consequences.
If heirs disagree or if the estate has complex assets, hire a probate attorney early to avoid costly delays or litigation.

Next steps you can take right now

Locate the original deed and any mortgage documents.
Order certified copies of the death certificate.
Call the Alaska Superior Court probate clerk in the judicial district where the decedent lived to ask about local probate filing procedures and required forms: https://www.courts.alaska.gov/forms/index.htm.
Consider consulting a local Alaska probate attorney if the estate includes a mortgage, significant debts, disputes among heirs, or unclear title.

If you want, tell me (1) whether the house was jointly owned, (2) whether there is a surviving spouse, (3) whether there is a mortgage, and (4) the Alaska city/borough where the property sits. With that information I can outline a more tailored checklist of likely forms and next steps.