Intestate Succession Laws in Alaska
In Alaska, a surviving spouse inherits the entire estate when all of the deceased's children are also the spouse's children, and the first $200,000 plus three-fourths of the balance when there are no children but a parent survives. Community property applies only if spouses opt in by agreement or trust.
Last checked . General information, not legal advice.
Alaska at a glance
- Spouse share with shared children
- Entire estate
- $150,000 plus 1/2 if the spouse has other descendants; $100,000 plus 1/2 if the deceased has children from another relationship.
- Spouse takes all with shared children
- Yes
- Spouse share with parents, no descendants
- First $200,000 plus 3/4 of the balance
- The spouse takes the entire estate if no child or parent survives.
- Community property state
- Opt-in only
- Property is community property only to the extent a community property agreement or community property trust provides.
The rules in Alaska
How much does a surviving spouse inherit in Alaska when the deceased leaves children who are also the spouse's children?
Spouse share with shared children in Alaska: Entire estate. $150,000 plus 1/2 if the spouse has other descendants; $100,000 plus 1/2 if the deceased has children from another relationship.
Does a surviving spouse in Alaska inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?
Yes. Spouse takes all with shared children in Alaska: yes.
How much does a surviving spouse inherit in Alaska when the deceased leaves no descendants but at least one parent is alive?
Spouse share with parents, no descendants in Alaska: First $200,000 plus 3/4 of the balance. The spouse takes the entire estate if no child or parent survives.
Is Alaska a community property state?
Opt-in only. Community property state in Alaska: opt-in only. Property is community property only to the extent a community property agreement or community property trust provides.
Where do the Alaska intestate succession laws come from?
The rules above come from Alaska Stat. 13.12.102 and Alaska Stat. 34.77.030. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.
Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.
Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
More Alaska rules
- Estate and Inheritance Tax in Alaska
- Executor Compensation Laws in Alaska
- Health Care Power of Attorney Requirements in Alaska
- Small Estate Affidavit Limits in Alaska
- Spousal Elective Share Law in Alaska
- Will Contest Deadline in Alaska
- Tenant Abandoned Property Laws in Alaska
- Adverse Possession Laws in Alaska
- Security Deposit Laws in Alaska
- Eviction Notice Requirements in Alaska
- Will Requirements in Alaska
- All Alaska documents and rules