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Probate. If you are named in someones will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
Does all property need to go through probate when a person dies? No. Only property owned by the person who died which does not pass automatically to a survivor must go through probate. The title to some property passes to a survivor without filing anything with the court.
Alaska has two ways of avoiding probate. One is an affidavit procedure that allows heirs to completely skip probate when the value of the estate is $50,000 or less after liens, encumbrances, and the value of vehicles that are $100,000 or less have been subtracted.
Where does the property pass if no heirs survive? If the person who died left no surviving spouse, descendants, parents, parents descendants, grandparents or grandparents descendants, all of that persons property passes to the state of Alaska.
- When a Person Dies with less than $50,000. When the person who died (the Decedent) had less than $50,000 of personal property then its considered a small estate, and is called a Voluntary Administration. It does not matter if the Decedent had a Will or not.
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A person who dies without leaving a will is called an intestate person. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.
Read more in the Personal Representative section about the tax forms. Within 9 months from date of death. File any Disclaimers with the probate court. Within 9 months from date of death.
As a rule, a persons debts do not go away when they die. Those debts are owed by and paid from the deceased persons estate. By law, family members do not usually have to pay the debts of a deceased relative from their own money. If there isnt enough money in the estate to cover the debt, it usually goes unpaid.
When is a probate required? A probate is required when a person dies and owns property that does not automatically pass to someone else, or the estate doesnt qualify to use the Affidavit for Collection of Personal Property procedure.
An Alaska small estate affidavit allows the successors of a person who has passed away to collect property of the person who died without having to go through the added time of the probate process.

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