MORTLState GuidesAlaska

State Guide

Alaska

What Alaska law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.

Someone just died in Alaska? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Alaska attorney for your specific situation.

This is general information, not legal advice. Alaska law changes. Your situation is specific. For anything that matters, talk to a licensed Alaska attorney. Find one here →

Death Certificates

At a Glance

3
days to file
after death
25
years
confidential
$30
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 3 days · Restricted for 25 years · Then public

Filing requirements and timeline in Alaska.

A death certificate for each death occurring in Alaska must be filed with the local registrar within three days after death and before final disposition of the body or its removal from the state. The funeral director or person acting as such is responsible for filing the death certificate and obtaining personal data from the next of kin and medical certification from the person responsible for that information. Medical certification must be completed and signed within 24 hours after death.

Order at least 10 certified copies. Cost in Alaska: approximately $30 each for the first copy, $25 for additional copies ordered at the same time.

Who can order copies and where.

Certified copies of death certificates can be ordered by eligible individuals, including the spouse, parent, child, sibling, legal guardian, or authorized representative. Requests can be made in person, by mail, or by fax through the state's vital records office.

  • Alaska Health Analytics & Vital Records Section: P.O. Box 110675, Juneau, AK 99811-0675
  • Cost: approximately $30 per certified copy (first copy), $25 for additional copies ordered at the same time.
  • Requests require a copy of a picture ID of the applicant.

How do I get a death certificate in Alaska?

Order certified copies from Alaska's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Alaska?

$30 per certified copy in Alaska, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$50k
small estate
threshold
simplified
process available

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required in Alaska.

Probate is generally required if the deceased owned assets solely in their name without designated beneficiaries, or if the estate includes real property. Alaska allows for a simplified probate process (summary probate) for estates valued under $50,000 or consisting solely of personal property (up to $100,000 in motor vehicles). For larger estates or those including real estate, a more formal probate process is required.

Probate in Alaska should be filed within three years after the decedent's death, but it is advised to start the process as soon as possible.

If you die without a will in Alaska.

If an Alaskan resident dies without a valid will, their assets are distributed according to the state's intestate succession laws. This means the property will go to the closest relatives based on a specific order.

  • If you have a spouse and descendants from you and that spouse, and your spouse has no other descendants: Your spouse inherits everything.
  • If you have a spouse and descendants from you and that spouse, and your spouse has other descendants from previous relationships: Your spouse inherits the first $150,000 of your intestate property, plus one-half of the balance; your descendants inherit everything else.
  • If you have a spouse and descendants who are not the descendants of your surviving spouse: Your spouse inherits the first $100,000 of your intestate property, plus one-half of the balance; your descendants inherit everything else.
  • If you have a spouse and parents, but no descendants: Your spouse inherits the first $200,000 of the intestate estate, plus three-quarters of the balance; your parents inherit everything else.
  • If you have children but no spouse: Your children inherit everything.
  • If you have parents but no spouse or children: Your parents inherit everything.
  • If you have siblings but no children, spouse, or parents: Your siblings inherit everything.
  • If there are no surviving relatives, the estate will escheat to the state.

Avoiding probate in Alaska.

Several strategies can be used to avoid probate in Alaska, including establishing a living trust, holding property in joint ownership with rights of survivorship, naming payable-on-death (POD) beneficiaries for bank accounts, and using transfer-on-death (TOD) registrations for securities and deeds for real estate and vehicles.

What is the small-estate limit in Alaska?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Alaska?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Alaska allow transfer-on-death deeds?

Yes. Alaska authorizes the transfer on death deed under Alaska Stat. §§ 13.48.010-13.48.195 (Uniform Real Property Transfer on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Alaska adopted the uniform act in 2014, so a recorded TOD deed passes your home outside probate and stays revocable for life.

Source: Alaska Stat. §§ 13.48.010-13.48.195 (Uniform Real Property Transfer on Death Act)

Related questions

Dying Without a Will

Die without a will in Alaska and this law picks your heirs.

If you die intestate (without a valid will) in Alaska, Alaska Stat. §§ 13.12.101 to 13.12.114 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

The spouse's own children from another relationship cut the spouse's share even when all of the decedent's children are joint: a rule most states skip. Alaska Native corporation settlement stock follows its own rule: the spouse takes all of it if there is no issue, half if there is (AS 13.12.102(b)).

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): entire estate
  • Spouse + parents (no descendants): first $200,000 plus 3/4 of the balance; parents take the rest
  • Spouse + joint descendants: entire estate, unless the spouse has children from someone else, then first $150,000 plus 1/2 of the balance
  • Spouse + blended family: first $100,000 plus 1/2 of the balance; the decedent's other descendants take the rest
  • Source: Alaska Stat. §§ 13.12.102, 13.12.103, 13.12.105

Children's shares.

The decedent's descendants take everything by representation: equal shares at the nearest generation with survivors, with a deceased child's share pooled and split among the next generation.

No spouse, no children: the line of succession.

After descendants come the parents, then descendants of the parents, then grandparents and their descendants in paternal and maternal halves; if no one qualifies, both personal and real property pass to the State of Alaska (AS 13.12.105).

Related questions

Advance Directives

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

What Alaska requires for advance directives.

In Alaska, an advance health care directive must be in writing, dated, and signed by the principal, and then either signed by two adult witnesses or notarized. Neither witness can be the person you name as your agent. At least one of the two witnesses must be someone who is not related to you by blood, marriage, or adoption and who is not entitled to any part of your estate when you die. (Alaska Stat. § 13.52.010)

It is crucial to discuss your advance directive with your family and healthcare providers to ensure your wishes are understood and respected.

Healthcare power of attorney in Alaska.

A Healthcare Power of Attorney (HCPOA) allows you to appoint an agent to make medical decisions on your behalf if you become incapacitated. In Alaska, an HCPOA can be a standalone document or part of a broader advance directive. It requires either two qualified witnesses or notarization. The appointed agent cannot serve as a witness.

POLST / MOLST forms in Alaska.

Alaska recognizes Physician Orders for Life-Sustaining Treatment (POLST) forms. POLST is designed for individuals with advanced illness, serious life-limiting medical conditions, or advanced frailty. It is a medical order that records a patient's wishes regarding life-sustaining treatment and is intended to complement, not replace, an advance directive. POLST forms are typically completed by a healthcare professional and signed by both the patient (or their surrogate) and the physician.

Where do I get Alaska's advance directive form?

The controlling law is Alaska Stat. § 13.52.010 (Health Care Decisions Act), linked as this section's source. Most people use the free statutory form: Alaska's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Alaska require a notary or witnesses for an advance directive?

Alaska requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

0hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation rules in Alaska.

In Alaska, a death certificate must be filed within three days after death and before cremation can occur. There is no statutory waiting period beyond the filing of the death certificate. A person cannot authorize cremation for a decedent's remains if the decedent left written instructions prohibiting it. Cremated remains can generally be scattered as desired, subject to land ownership and specific policies.

Green burial and alternatives in Alaska.

Green burial, also known as natural burial, is legal in Alaska. State law does not require embalming or the use of caskets or vaults for burial. Home burial and burial on private property are permitted, provided the burial is a minimum of 3.5 to 4 feet below the ground surface and not on a slope. While green burial is supported, specific regulations for human composting or alkaline hydrolysis are not widely detailed in current statutes.

  • Green burial is legal and supported, with no requirements for embalming or traditional caskets/vaults.
  • Home burial and burial on private property are allowed with specific depth requirements.
  • No explicit mention of human composting or alkaline hydrolysis in available statutes.

Funeral home regulations in Alaska.

Funeral homes in Alaska must obtain an Alaska Business License and adhere to health and safety standards, including sanitation and body handling regulations. The Federal Trade Commission (FTC) Funeral Rule applies, requiring funeral providers to disclose prices and offer itemized lists of goods and services.

Related questions

Estate & Inheritance Taxes

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

Alaska does not have a state estate tax.

Alaska is one of many states that does not levy a state estate tax. Therefore, when passing assets on, you will not owe Alaska estate taxes. Residents are, however, still subject to federal estate tax laws if their estate exceeds the federal exemption limit.

While Alaska has no state estate tax, the federal estate tax may still apply to very large estates. It is important to plan accordingly.

Alaska does not have an inheritance tax.

Alaska does not impose an inheritance tax. This means that beneficiaries receiving assets from an estate in Alaska will not pay a state-level inheritance tax on those assets.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Alaska have an estate tax?

No. Alaska has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Alaska have an inheritance tax?

No. Alaska does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Driver's license
Online registry
Family Override
Binding
Your decision is legally binding
State registry: Alaska Organ, Eye & Tissue Donor Registry

Registering as a donor in Alaska.

In Alaska, you can register to be an organ, eye, and tissue donor through the Department of Administration, Division of Motor Vehicles (DMV) when applying for or renewing your driver's license or state ID. You can also register online through the state's donor registry.

  • Alaska Organ, Eye & Tissue Donor Registry: https://dmv.alaska.gov/credential-services/organ-donor/
  • Register at the DMV when obtaining or renewing your driver's license or state ID.
  • Indicate your wishes on your advance directive.

Your family cannot override your decision.

In Alaska, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.

Related questions

Need Help in Alaska?

Some of this requires an Alaska attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Alaska

From The MORTL Edit

Read when you're ready.

Sources: Alaska Statutes Titles 13 & 18 (akleg.gov), Alaska Department of Health, Alaska Department of Revenue Tax Division, AKPOLST.org, Alaska Department of Environmental Conservation, Alaska Department of Administration. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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