Who Are the Intestate Heirs of My Father’s Estate in Alaska?

When someone dies without a valid will in Alaska, the state’s intestate succession laws determine who inherits their estate. To identify your father’s intestate heirs, you’ll need to gather family records, apply Alaska’s statutory heir hierarchy, and work with the probate court.

Detailed Answer

1. Confirm Intestacy: Verify that your father died without a valid will. If there’s a will, the probate court follows its terms. Without one, Alaska Statutes Title 13, Chapter 12 (Intestate Succession) controls.
2. Gather Family Information: List all potential heirs, including:
   • Surviving spouse
   • Children and grandchildren (by right of representation if a child predeceased)
   • Parents
   • Siblings and nieces/nephews
   • Grandparents, aunts, uncles, and more distant relatives
3. Apply the Succession Order: Under AS 13.12.010, Alaska’s intestate hierarchy is:
• If a surviving spouse and descendants both exist, the spouse receives the first $100,000 plus half of the balance; descendants share the remainder.
• If only descendants survive (no spouse), they inherit in equal shares with representation.
• If no descendants or spouse, parents inherit equally.
• Absent parents, estate moves to siblings (and their descendants), then grandparents, then more distant kin as outlined in AS 13.12.020.
4. Collect Proof of Relationship: Obtain certified birth, death, and marriage certificates. Court-certified family trees or affidavits can substantiate relationships.
5. File a Petition in Probate Court: In the Alaska Superior Court of the borough where your father lived, submit a petition for probate. List all known heirs, attach proof of relationship, and request the court to appoint a personal representative.
6. Court Determination: The court reviews evidence, confirms the heirship order, and issues Letters of Administration. These letters authorize distribution according to Alaska’s intestate statutes.

Helpful Hints

• Start with a certified death certificate from the Alaska Bureau of Vital Statistics.
• Search local records, family bibles, or social media for undocumented relatives.
• Consider a preliminary heirship determination hearing if relationships are complex.
• Keep originals and certified copies of all documents; courts often require them.
• Use a probate checklist provided by the Alaska Court System to track deadlines and fees.
• Ask the court clerk for the current fee schedule and required forms in your judicial district.

Disclaimer: This article provides general information about Alaska intestate succession law and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.