After a death in Alaska

Small estates

Affidavit for collection of personal property (AS 13.16.680). It can be used 30 days after death if no personal representative has been appointed. The limit is $50,000 in personal property other than vehicles, plus registered vehicles worth up to $100,000 in total, after subtracting liens. Any successor (heir or beneficiary) presents the affidavit to the bank or whoever holds the property. Alaska also has summary administration when the estate is no more than the family allowances plus funeral and last illness costs.

• Limit: $50,000 personal property, plus vehicles up to $100,000
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Alaska, estates are handled by the Superior Court, usually in the county where the person lived.

Creditor claims: Claims are generally due within 4 months after the notice to creditors is first published.

Official court forms

Probate Forms - Alaska Court System

Probate and small estate forms from the Alaska Court System, sorted by situation.

Small estate form: open the form

Form P-110 (Affidavit for Collection of Personal Property of Decedent) is for small amounts of personal property without a court case. Form P-350 is used to close a small estate that went through probate.

Estate and inheritance tax

• State estate tax: No. Alaska has no state estate tax.
• Inheritance tax: No. Alaska has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under Alaska’s Uniform Real Property Transfer on Death Act (AS 13.48). It must be recorded before death.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and 2 witnesses. A self-proving affidavit before a notary is optional.

Handwritten wills: Valid if the signature and the important parts are in the testator’s handwriting. No witnesses needed.

Power of attorney and health care directive

Financial power of attorney: Alaska has its own law, not the Uniform Power of Attorney Act. The principal must sign and acknowledge the signature before a notary (AS 13.26.600). Alaska has a statutory form power of attorney (AS 13.26.645).

Health care directive: Advance health care directive under the Alaska Health Care Decisions Act (AS 13.52). It can name a health care agent and give treatment instructions.

Death certificates

Certified copies come from the Alaska Department of Health, Health Analytics and Vital Records Section. The funeral home can usually order them for you.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Alaska lets married couples opt in to community property through a written community property agreement or a community property trust. The small estate affidavit gives vehicles their own $100,000 cap on top of the $50,000 limit.