Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Alaska for guidance specific to your situation.
Detailed Answer
When someone dies in Alaska, their assets transfer in different ways depending on how those assets are titled and by what legal instruments. Real property may pass outside of probate while other assets require court supervision under Alaska’s probate statutes (AS 13.16).
1. Non-Probate Transfer of Real Property
- Joint Tenancy: If you hold land in joint tenancy with right of survivorship, the property automatically goes to the surviving joint tenant by operation of law. No probate is needed.
- Transfer on Death Deed (TODD): Alaska permits a deed recorded during the owner’s lifetime that names a beneficiary to inherit real estate upon death. See Alaska Stat. § 13.12.310 et seq. (https://www.akleg.gov/basis/statutes.asp#13.12.310). Recording a valid TODD conveys clear title to the named beneficiary outside of probate (AS 13.12.350; https://www.akleg.gov/basis/statutes.asp#13.12.350).
2. Probate Transfer of Property Under a Will
Assets not passing by operation of law or by beneficiary designation form the “probate estate.” The personal representative (executor) must open a probate proceeding under AS 13.16.010 (https://www.akleg.gov/basis/statutes.asp#13.16.010). Probate ensures:
- Validation of the will
- Notice to creditors and settlement of debts
- Distribution of remaining assets according to the will
- Clear title for transferred assets
Even if your house passes automatically via joint tenancy or a TOD deed, other assets—such as bank accounts without payable-on-death designations, personal property, and investments—must go through probate so the court can oversee creditor claims and ensure proper distribution under AS 13.16.105 (informal probate; https://www.akleg.gov/basis/statutes.asp#13.16.105).
Helpful Hints
- Review how each asset is titled—joint tenancy, beneficiary deed, payable-on-death, or held solely in your name.
- Consider recording a Transfer on Death Deed for real estate you want to pass outside probate.
- List all potential probate assets and check for designated beneficiaries on accounts and policies.
- File for informal probate in Alaska Superior Court to minimize costs if no disputes are expected.
- Consult an Alaska estate planning attorney to ensure your estate plan meets your goals and conforms to AS 13.12 and AS 13.16 requirements.