Alaska Probate Guide

Alaska probate is the Superior Court case that appoints a personal representative, gathers what the person who died owned, pays the debts in a set order, and passes the rest to the heirs or the people named in the will. The Alaska Court System describes it as "a court process to transfer property owned by the person who died to the persons who are supposed to receive the property."

Here is the forum answer up front. Alaska has no probate court and no borough court. Every estate opens in the Alaska Superior Court, filed at a court location in the judicial district where the person who died lived. Look up your Superior Court location before you file anything.

One warning belongs on the first screen. Restricted Native allotments and townsite lots never go through the Superior Court. The Court System says restricted property "must pass through a special BIA probate process, handled by a federal law judge," and "does not pass through the Alaska probate court."

Alaska's probate law is its version of the Uniform Probate Code, in Title 13 of the Alaska Statutes. Probate Rule 1(f) refers to proceedings "under AS 13.06 through AS 13.36." The Legislature's statute site refuses our requests, so every rule on this page comes from the Alaska Court System's own forms, rules and self-help pages, which is the court that applies those statutes. Where a form prints a statute number, we give it.

Where You File

Every Court System probate form opens with the same caption: "IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT," followed by the town. Administrative Rule 9(b) lists the $250 estate fee among the Superior Court filing fees. There is no separate probate court to look for.

Venue follows the judicial district. The Court System's "Background Information about Probate" page puts it in one line: "File in the court location in the judicial district where the person who died lived." The informal probate request, form P-315 (3/23), makes you confirm the same thing: the decedent "lived in this judicial district at the time of death," or did not live in Alaska but "had property located in this judicial district at the time of death."

The Court System's directory groups 40 court locations into four judicial districts:

Alaska divides into 19 boroughs and 11 census areas, and those lines do not decide where you file. The district does. Small court locations accept probate papers, and several rural courts take filings by email to a labelled mailbox, but the case is still a Superior Court case. Probate Rule 9.1(b)(2) uses the same geography when a court appoints a temporary property custodian: a copy of the order goes to "the superior court in the judicial district where the decedent was domiciled at the time of death."

Filing is on paper for now. The Court System's e-filing page lists probate estates among the case types that "cannot have filings submitted through TrueFiling," and adds, "Probate is planned to transition by the end of 2026." Notary services are free at every state court office, which matters because the opening request is signed before a notary or a clerk.

An owner who lived outside Alaska but held property here follows a separate route with its own $50 fee for foreign letters. An Alaska estate for an out-of-state decedent covers it.

Does the Estate Need Probate at All?

The Court System answers this first: "A probate is required when a person dies and owns property that does not automatically pass to someone else, or the estate doesn't qualify to use the Affidavit for Collection of Personal Property procedure." Let's break it down.

Nonprobate property skips the court. Property held jointly with a right of survivorship, real property with a recorded transfer on death deed, life insurance, retirement benefits with a named beneficiary and property in a revocable trust pass without any filing.

The collection affidavit handles small personal estates. Form P-110 reproduces AS 13.16.680, "Collection of personal property by affidavit," and the Court System's affidavit page lists the conditions:

• At least 30 days have passed since the death.
• No one has started a probate case or asked the court to appoint a personal representative.
• The person owned no real property, "no matter how small the value," unless it passed automatically as tenants by the entirety or by a transfer on death deed.
• Alaska registered vehicles total $100,000 or less after debts and liens. Only vehicles that must be registered count: cars, motorcycles, trucks, trailers and manufactured homes not attached to land. Snowmachines, ATVs, tractors, off-road equipment and boats do not.
• All other personal property totals $50,000 or less after debts and liens. That includes cash, bank accounts, the Alaska Permanent Fund Dividend, furnishings, jewelry and tools.

Those are two separate caps. $120,000 of trucks plus $10,000 in the bank fails, because the vehicles alone pass $100,000. Any house or land that would go through probate closes the route entirely. Nothing gets filed with the court, and there is no court fee. To collect personal property without a probate case, the affidavit page walks through the form.

The small estate closing is a probate case. The Court System calls it "a type of informal probate." You open an informal probate, prepare the inventory, and compare the estate's value after liens and debts against the homestead allowance, family allowance, exempt property, probate costs, funeral costs and last-illness medical costs. If those add up to more than the estate, the personal representative can distribute at once, skips the notice to creditors, and closes with form P-350, the "Sworn Statement of Personal Representative Closing Small Estate." The $250 filing fee still applies.

Informal and Formal Probate

Alaska runs two kinds of probate case, and the choice turns on whether anything is in dispute. To compare informal and formal probate with the two small-estate routes, the probate types page sets all four out in a table. To see the Alaska probate timeline for each, the timeline page sets them side by side.

Informal probate

The Court System calls informal probate "the most common type," a process "with minimal court supervision" in which "informal probate cases usually don't require any hearings." Probate Rule 2(a) provides that "A standing master in probate shall serve as a registrar."

You qualify for informal probate when all of these are true:

• If there is a will, you have the original, and the latest will revokes the older ones.
• If there is no will, nobody disputes who should be personal representative.
• You have priority to serve, or everyone with equal or higher priority agrees to you.
• No one has objected.

The filing set depends on the will. With a will, you file the original will, a certified death certificate, form P-315 (the request, signed before a notary or clerk), form P-316 (the statement the court signs) and form P-335 (acceptance of duties and the letters testamentary). Without a will, the set is P-325, P-326 and P-336. Some judges accept a funeral home letter while the death certificate is pending.

The court waits before it acts. The "Informal Probate" page says the court will not sign letters until 5 days after the death for an Alaska resident. For a non-resident, the wait is 30 days, or 5 days if the will says Alaska law applies or you were already appointed personal representative in another state. After that, approval usually takes "anywhere from a few days to a few weeks." Ask for 3 to 5 extra certified copies of the letters, since banks and title offices keep them.

Formal probate

Formal probate brings the judge in. The Court System says it "is usually used for complicated issues such as challenges to the Will, disputes between beneficiaries or heirs, or supervision of the Personal Representative," and warns it "can be long and expensive and can turn into litigation."

You must file for formal probate when:

• Someone without priority wants to serve and those with equal or higher priority do not consent.
• You believe there was a will but cannot find it.
• The will is not self-proved.
• A later will does not revoke earlier ones.
• You want to object to the personal representative, ask for court supervision, stop or set aside an informal probate, or challenge the will.

The request is P-320 with a will or P-330 without one, with an order (P-321 or P-331) for the judge to sign. If the court sets a hearing, form P-339 goes out by mail at least 14 days ahead, and unknown or unlocatable interested persons get notice by publication once a week for three weeks in a row, ending at least 10 days before the hearing. Contesting a will in probate happens only in this track.

The three-year limit

Both request forms, P-315 and P-325, stop the filer if more than three years have passed since the death: "Under Alaska law, you cannot open an estate case more than three years after the person died except in very limited circumstances," citing AS 13.16.040. The Court System lists the options that remain: a formal proceeding to determine heirs, a limited testacy proceeding when there is a will, or a personal representative with powers limited to transferring title.

Who Serves as Personal Representative

The Court System says any suitable individual 19 or older may serve, and a bank or trust company can too. Priority depends on the will.

With a valid will, the order runs:

1. The person the will names as personal representative.
2. The spouse, if the will leaves the spouse property.
3. Anyone else the will leaves property to.
4. The spouse, if the will leaves the spouse nothing.
5. Any heir.
6. Any creditor, once 45 days have passed since the death.

With no valid will, the order is the surviving spouse, then any heir, then a creditor after 45 days. Anyone with equal or higher priority can step aside on form P-306.

Bond is required unless someone waives it. The Court System says the will can waive bond, each devisee or heir can sign a waiver on form P-334, or the court can excuse it. A person with an interest in the estate worth more than $1,000 may later demand bond. Once the demand arrives, the personal representative can only protect the estate until the bond is posted, and failing to post within 30 days is grounds for removal.

Pay is "reasonable." Probate Rule 7.1 sets that standard and lists the factors a court weighs. The Court System's personal representative FAQ says "Many people think $25-35/hour is a reasonable rate, but every case is different," and a representative may choose an hourly rate, a lump sum or serve unpaid. What the personal representative has to do covers the job in full.

The Route Most Estates Take, Step by Step

The Court System's own chart for an informal probate gives the order. Next steps, in sequence:

Open the case. File the request, the will, the death certificate and the bond papers at a court location in the right judicial district, and pay the $250 fee.

Tell the heirs and devisees. Within 30 days of appointment, send "Information to Heirs and Devisees" on form P-340, which prints AS 13.16.360 in its footer.

Get the tax numbers. Apply for an Employer Identification Number (IRS Form SS-4) and file IRS Form 56 so the IRS knows who handles the estate.

Publish the notice to creditors. Form P-341, footer AS 13.16.450, runs once a week for three weeks in a row in a newspaper commonly read in the judicial district where you filed. Mail or deliver a copy to every creditor you know about or could reasonably find. Skip this step only for a small estate. The four-month creditor window explains claims, allowance and disallowance.

Pay the family allowances. The homestead allowance, family allowance and exempt property come before creditors, even when a will disinherits the spouse or children.

Prepare the inventory within three months. The Court System's "Inventory and Management of Assets" page says the list of property and its date-of-death value is due "within three months of the date of their appointment."

Decide the claims. Creditors have four months from the first publication. You then have 60 more days to disallow a claim on form P-345. "If you do nothing within the 60 days, the claim will be allowed."

Pay debts in order, then distribute. When money runs short, the Court System's "Debts and Creditors" page ranks the claims: secured claims (as to the security), probate expenses, funeral expenses, debts and taxes with federal priority and past-due child support, last-illness medical and hospital costs, debts and taxes with state priority, then everything else. An optional Proposal for Distribution gives each person 30 days to object to what they will receive.

Account and close. Send an accounting or collect signed waivers, then file a sworn closing statement in an informal case, or ask the court to close a formal one. You cannot close sooner than six months after the first publication. The court releases the personal representative one year after the closing papers are filed, or at once after a hearing.

The Clocks

Put the creditor rows together and the floor comes into view. With publication, the fastest estate runs about six months. The Court System says probate "usually takes between six months and a year to finish, but often longer."

What the Superior Court Charges

Alaska sets one statewide fee schedule in Administrative Rule 9, and the fee does not change by district. The $250 filing fee and other costs are broken out on their own page.

The Court System's fee page marks the schedule "Effective 5/1/2023" and adds that "there are no additional fees once you have opened a case unless you request copies." A filer who cannot afford the fee submits form TF-920, the "Request for Exemption from Payment of Fees." Newspaper publication is billed by the paper and can be paid from estate funds. For self-filers, handling probate yourself covers the forms and help lines the Court System publishes.

What the Family Keeps Before Creditors

The Court System lists three protected payments, which together "can total up to $55,000 (or more in some cases)":

• Homestead allowance, $27,000, to the surviving spouse, or split among minor and dependent children if there is no spouse.
• Family allowance, up to $18,000 (more in some cases), for the spouse and the minor children the person was supporting.
• Exempt property, $10,000, to the spouse, or split among all the children if there is no spouse.

When the estate cannot cover all three, the homestead allowance comes first, then the family allowance, then exempt property. These sit on top of whatever the will or intestacy gives, unless the will says otherwise.

With no will, the Court System's intestacy page gives the spouse everything when there are no descendants or parents, or when every descendant is also the spouse's and the spouse has no other descendant. The spouse takes $150,000 plus half the balance when the spouse has a descendant who is not the decedent's, $100,000 plus half when the decedent has a descendant who is not the spouse's, and $200,000 plus three-fourths when a parent survives but no descendant does. Property a couple placed under a community property agreement or trust can follow different rules, since Alaska community property is opt-in. Who inherits without a will works through the rest of the order, including Native corporation stock, which passes under the corporation's own rules.

Taxes

Alaska does not tax the estate. The Court System's "Federal Tax Matters" page answers the question directly: "No. As of 2005, Alaska no longer collects a state estate tax." It adds that another state may tax property the person owned there. Federal returns still apply: a final Form 1040 by April 15 of the year after death, an estate income tax return when required, and Form 706 within nine months if the estate is large enough to owe federal estate tax. Take the current federal filing threshold from the IRS, since the Court System's page gives an older rough figure.

Frequently Asked Questions

Which court handles probate in Alaska?

The Superior Court. Alaska has no separate probate court, and no borough or city court hears estates. Every Court System probate form is captioned In the Superior Court for the State of Alaska, and Administrative Rule 9 lists the $250 estate filing fee under the Superior Court fees. The Alaska Court System tells filers to file in the court location in the judicial district where the person who died lived. The state has four judicial districts and 40 court locations.

What is the difference between informal and formal probate in Alaska?

Informal probate is the usual route. The Court System calls it the most common type: the personal representative acts with minimal court supervision, and the case usually needs no hearing. You use it when you hold the original will, or there is no will and nobody disputes who should serve. Formal probate adds court involvement and is used for disputes, a lost will, a will that is not self-proved, a request for supervision or a challenge to the will. Probate Rule 2(a) makes a standing master in probate a registrar.

How much does it cost to open probate in Alaska?

$250. Administrative Rule 9(b)(2)(A) sets a $250 fee on filing a trust or estate action other than the registration or deposit of a will, and the Court System fee page lists Probate of Estates at $250, effective May 1, 2023. The same fee applies to informal and formal cases. Depositing a will for safekeeping costs $50. A filer who cannot pay can ask for an exemption on form TF-920. Newspaper publication of the notice to creditors is billed by the newspaper.

How long do creditors have to file a claim in an Alaska estate?

Four months from the first publication of the notice to creditors. The personal representative publishes form P-341 once a week for three weeks in a row in a newspaper commonly read in the judicial district where the probate was filed, and mails or delivers it to creditors the representative knows about or could reasonably find. A known creditor who never gets the notice has up to three years from the death. After the four months, the representative has 60 days to disallow a claim, or the claim is allowed.

Can I avoid a probate case in Alaska?

Sometimes. The Affidavit for Collection of Personal Property, form P-110, lets a successor collect property with no court case once 30 days have passed, if the person owned no real property that has to go through probate, registered vehicles total $100,000 or less, and all other personal property totals $50,000 or less, each after liens. Property that passes on its own, such as a joint account with survivorship, a transfer on death deed or a named beneficiary, never enters probate.

How long does probate take in Alaska?

The Alaska Court System says probate usually takes between six months and a year, and often longer. The court will not appoint a personal representative until 5 days after the death for an Alaska resident, or 30 days for a non-resident in most cases. The inventory is due within three months of appointment. An informal estate can close no sooner than six months after the first publication of the notice to creditors, and the representative is released one year after the closing papers are filed.

Related Guides

• Alaska Probate Timeline
• Alaska Small Estate Affidavit
• Alaska Executor Duties
• Alaska Creditor Claims in Probate
• Alaska Intestate Succession
• Alaska Will Contests
• Alaska Ancillary Probate
• Alaska Probate Without a Lawyer
• Alaska Probate Courts by Judicial District

This page describes Alaska probate broadly rather than advising on one estate. Confirm every date and dollar figure with the Superior Court location holding the file, or with a licensed Alaska attorney, before you act on it.

Sources:

• Title: Background Information about Probate. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/background.htm
• Title: Informal Probate. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/informal.htm
• Title: Formal Probate. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/formal.htm
• Title: Small Estates. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/small-estates.htm
• Title: Collecting Personal Property without a Court Case. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/affidavit.htm
• Title: Debts and Creditors. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/debt.htm
• Title: Inventory and Management of Assets. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/inventory.htm
• Title: Distribution of Estate Assets. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/distribution.htm
• Title: Personal Representative Duties and Responsibilities FAQ, part 1. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/personal-rep-faq1.htm
• Title: Personal Representative Duties and Responsibilities FAQ, part 3. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/personal-rep-faq3.htm
• Title: Death Without a Will - Intestacy. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/intestacy.htm
• Title: Transferring Ownership of Assets. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/transferring-assets.htm
• Title: Federal Tax Matters. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/tax-matters.htm
• Title: Filing Fees & Fee Waiver. Publisher: Alaska Court System. Publication Date: Fees effective 5/1/2023; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/courtfees.htm
• Title: Court Directory. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/courtdir/index.htm
• Title: eFile / TrueFiling. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/efile/index.htm
• Title: Alaska Rules of Court, Administrative Rule 9 (Fee Schedule). Publisher: Alaska Court System. Publication Date: Rule 9 amended by SCO 2008, effective nunc pro tunc May 1, 2023; accessed 2026-09-28. URL: https://courts.alaska.gov/rules/docs/adm.pdf
• Title: Alaska Rules of Probate Procedure, Rules 1, 2, 7.1 and 9.1. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/rules/docs/prob.pdf
• Title: Form P-110, Affidavit for Collection of Personal Property of Decedent (reproduces AS 13.16.680). Publisher: Alaska Court System. Publication Date: Revised 4/17; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-110.pdf
• Title: Form P-315, Request to Start Informal Probate and Appoint a Personal Representative When There Is a Will. Publisher: Alaska Court System. Publication Date: Revised 3/23; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-315.pdf
• Title: Form P-340, Information to Heirs and Devisees. Publisher: Alaska Court System. Publication Date: Revised 11/17; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-340.pdf
• Title: Form P-341, Notice to Creditors. Publisher: Alaska Court System. Publication Date: Revised 9/18; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-341.pdf
• Title: Form P-350, Sworn Statement of Personal Representative Closing Small Estate. Publisher: Alaska Court System. Publication Date: Revised 7/22; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-350.pdf

It is not legal advice.