Alaska Statutes
Alaska Stat. § 13.12.103 (2026)
Share of heirs other than surviving spouse
✓ current as of July 2026
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Sec. 13.12.103. Share of heirs other than surviving spouse.
A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;
(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;
(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2009–2022 · leading case: Est. of Seward, 401 P.3d 976 (Alaska 2017).
Est. of Seward, 401 P.3d 976 (Alaska 2017). “101(a); AS 13.12.103(1). 39 . See AS 13.12.302. 40 .”
North Slope Borough v. Brower, 215 P.3d 308 (Alaska 2009). “AS 13.12.103(2). 20 . Osborne v. Russell, 669 P.”
In the Matter of the Est. of Lionel D., In the Matter of the Est. of Lionel D. (Alaska 2022). “2 See AS 13.12.103 (“[T]he entire intestate estate if there is no surviving spouse, passes .”
— Alaska Stat. § 13.12.103(1) — 1 case
Est. of Seward, 401 P.3d 976 (Alaska 2017). “101(a); AS 13.12.103(1). 39 . See AS 13.12.302. 40 .”
— Alaska Stat. § 13.12.103(2) — 1 case
North Slope Borough v. Brower, 215 P.3d 308 (Alaska 2009). “AS 13.12.103(2). 20 . Osborne v. Russell, 669 P.”
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