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Do I Need Probate in Alaska?

Two unmarried siblings who co-own a cabin don't automatically inherit each other's share the way they might assume.

Alaska Stat. §34.15.130

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: personal property only, within the affidavit's two separate caps, 30 days passed — the small estate affidavit. Any real property present, or personal property above those caps — probate or summary administration. Check your own numbers with the Alaska small estate checker.

Joint tenancy in land only survives for married couples

Genuinely distinctive: Alaska abolished joint tenancy in land except tenancy by the entirety, which is available only to spouses (AS 34.15.130). A deed to two or more non-spouse owners is otherwise read as a tenancy in common, which has no automatic survivorship.

What that means when a co-owner dies

Because non-spouse co-ownership defaults to tenancy in common, a deceased co-owner's share doesn't automatically pass to the survivor — it becomes part of the deceased owner's own estate and generally needs its own probate or transfer mechanism, even between siblings or unmarried partners who assumed survivorship applied.

What skips probate before any threshold matters

A Transfer on Death deed recorded before death under AS 13.48, tenancy by the entirety between spouses, or assets held in a living trust all pass outside of probate.

The decision, in order

  1. Is the asset in a trust, held by spouses as tenants by the entirety, or covered by a TOD deed? → Skips probate entirely.
  2. Personal property only, within the affidavit's two separate caps, 30 days passed? → Small estate affidavit.
  3. Any real property present, or personal property above those caps, but the estate is still modest? → Summary administration.
  4. None of the above fits → Full informal or formal probate.
Facing probate in Alaska?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Alaska attorney

Whichever track applies, filing happens with the Superior Court serving the decedent's own borough or census area — Alaska has no counties at all, unlike most other states.

Do I need probate — frequently asked questions

Does owning an Alaska house always mean probate is required?

Generally yes, absent a TOD deed, tenancy by the entirety, or a living trust — real property is excluded from the affidavit no matter how small its value.

Can non-spouse co-owners hold Alaska real estate with automatic survivorship?

Generally no — Alaska abolished ordinary joint tenancy in land except tenancy by the entirety, which is available only to married spouses; a deed to two or more non-spouse owners is otherwise read as a tenancy in common with no automatic survivorship.

What does that mean for a non-spouse co-owner who dies?

The deceased co-owner's share doesn't automatically pass to the survivor — it becomes part of the deceased owner's own estate and generally needs its own probate or transfer mechanism.

What lets Alaska real property skip probate entirely?

A Transfer on Death deed recorded before death under AS 13.48, tenancy by the entirety between spouses, or assets held in a living trust.

When do I need probate in Alaska, and when can I skip it?

Personal property only, within the affidavit's two separate caps, 30 days passed — the small estate affidavit. Any real property present, or personal property above those caps — probate or summary administration. Check your own numbers with the Alaska small estate checker.

Keep going

Alaska Small Estate Affidavit CheckerDoes this estate qualify? Alaska Small Estate: How-ToFiling Form P-110, step by step Transferring a Car in Alaska Without ProbateUsing the affidavit at the DMV Alaska Probate Real Estate Sale CalculatorIf the estate's house needs selling

This page provides general guidance only and is not legal advice. Based on Alaska Stat. §34.15.130, §13.48, §13.16.690. Actual requirements depend on the estate's full facts. Confirm with the Superior Court or a licensed Alaska attorney before acting.