Where the estate is opened.
See the property section for the statute's words.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In Alaska, the estate is opened in the Superior Court.
The Alaska Court System says that generally only Superior Courts handle probate cases, filed in a Superior Court location in the judicial district where the person lived. Informal probate, which the court describes as the most common type when probate is necessary, appoints a personal representative to gather property, notify creditors and beneficiaries or heirs, handle debts and taxes, and transfer title, and the personal representative can take those steps without asking the court for approval. Informal probate usually does not require a hearing. If the requirements for informal probate are not met, the court says a petition for formal probate is usually required.
Source: Informal Probate, Alaska Court System
Fees
In Alaska, probate compensation is reasonable compensation under the statute linked below.
AS 13.16.430 says a personal representative is entitled to reasonable compensation for services. If a will provides for compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written renunciation of fee may be filed with the court. AS 13.16.440 says the court may review the reasonableness of compensation of any person employed by the personal representative, including any attorney, and the personal representative's own compensation.
Source: Alaska Statutes section 13.16.430, Compensation of personal representative
Small estate
Alaska has a small-estate procedure. The statute states who can use it.
AS 13.16.680 allows collection of personal property by affidavit 30 days after death. The affidavit must state that the entire estate, wherever located, less liens and encumbrances, consists only of not more than vehicles subject to registration under AS 28.10.011 with a total value that does not exceed $100,000, and personal property, other than those vehicles, that does not exceed $50,000. It must also state that 30 days have elapsed, that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction, and that the claiming successor is entitled to payment or delivery. There is no single dollar cap. A separate summary procedure in AS 13.16.690 applies when the estate does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness.
Source: Alaska Statutes section 13.16.680, Collection of personal property by affidavit
Property of spouses
Spouses in Alaska may opt into community property.
AS 34.77.030(a) says that, except for property classified otherwise in the chapter, property of spouses is community property under the chapter only to the extent provided in a community property agreement or a community property trust. AS 34.77.090(a) says a community property agreement must be contained in a written document signed by both spouses and classify some or all of the property of the spouses as community property. The chapter may be cited as the Alaska Community Property Act.
Source: Alaska Statutes section 34.77.030, Classification of property of spouses
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Alaska?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Alaska?
AS 13.16.680 allows collection of personal property by affidavit 30 days after death. The affidavit must state that the entire estate, wherever located, less liens and encumbrances, consists only of not more than vehicles subject to registration under AS 28.10.011 with a total value that does not exceed $100,000, and personal property, other than those vehicles, that does not exceed $50,000. It must also state that 30 days have elapsed, that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction, and that the claiming successor is entitled to payment or delivery. There is no single dollar cap. A separate summary procedure in AS 13.16.690 applies when the estate does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness.
How are probate fees set in Alaska?
AS 13.16.430 says a personal representative is entitled to reasonable compensation for services. If a will provides for compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written renunciation of fee may be filed with the court. AS 13.16.440 says the court may review the reasonableness of compensation of any person employed by the personal representative, including any attorney, and the personal representative's own compensation.
How does Alaska treat property of spouses?
AS 34.77.030(a) says that, except for property classified otherwise in the chapter, property of spouses is community property under the chapter only to the extent provided in a community property agreement or a community property trust. AS 34.77.090(a) says a community property agreement must be contained in a written document signed by both spouses and classify some or all of the property of the spouses as community property. The chapter may be cited as the Alaska Community Property Act.
Sources
These are the statute and court pages used above.