What is the order of priority when dividing an intestate estate?

When a person dies in Alaska without a will, a process called intestate succession is used to divide the deceased person’s estate. Intestate succession law governs who is entitled to the decedent’s property and the order of priority of who gets the estate. When dividing the estate, the order of priority starts with the spouse and then the minor children of the deceased person. If the deceased leaves a spouse and children, the spouse will receive the first $50,000 of the estate, plus one-half of any remaining balance. The children will divide the remaining half. If the deceased leaves no spouse or children, then the order of priority moves to the deceased’s parents. If the deceased had no spouse, children, or parents, then the order of priority will move to the deceased’s siblings. If there are no siblings, then the order of priority moves to the nieces and nephews of the deceased. If the deceased does not have any nieces or nephews, then the the order of priority moves to the grandparents of the deceased. Following the grandparents, the estate is entitled to aunts and uncles of the deceased and finally to the first cousins of the deceased. If there are no living relatives of the deceased, the property will go to the state by intestacy. The state will then use the estate to support public works or charities. Intestate succession is a complex legal matter and proper guidance should be sought when dealing with an intestate estate. Understanding the order of priority is essential when dividing an intestate estate in Alaska.

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