What Happens If You Die Without a Will?
When someone dies without a valid will in place, the legal process for managing their estate becomes significantly more difficult and often more emotionally fraught. Known as dying “intestate,” this scenario means that the decedent’s assets will be distributed according to a rigid set of state laws, rather than their personal preferences.
Dying without a will isn’t just a matter of paperwork—it’s a missed opportunity to provide guidance, peace of mind, and stability to your family during an already difficult time. For grieving families, the legal aftermath of intestacy can add unnecessary stress.
Who inherits the property? Who becomes the guardian of the children? Who makes funeral and financial decisions?
These are all critical issues that, without a will, are determined by a probate court, sometimes with little or no knowledge of what the deceased wanted. In Alaska, where many families have intricate relationships and multigenerational ties to property, the stakes are even higher.
At the Law Office of Justin S. Eppler, LLC, we understand the importance of preparation. As an experienced estate planning firm serving Anchorage, Alaska, and the surrounding areas, we offer compassionate and thorough guidance to clients who want to protect what matters most.
The Legal Consequences of Dying Intestate
Dying without a will triggers a strict legal process that may not reflect your wishes or your family’s unique circumstances. Alaska’s intestacy laws determine who inherits your estate, and these default rules don’t account for nontraditional families, long-term partners, or estranged relatives. The process is handled through probate, which can be lengthy, expensive, and emotionally draining.
Who Inherits Under Alaska’s Intestacy Laws?
The Alaska intestate succession rules follow a hierarchical structure. Here’s a general overview of how your assets may be distributed:
Surviving spouse: A spouse may receive the entire estate or a portion, depending on whether the deceased has children from another relationship.
Children: Biological and legally adopted children are prioritized. Stepchildren and foster children typically don’t inherit unless legally adopted.
Parents: If there is no spouse or children, assets pass to the surviving parents.
Siblings and extended family: Without immediate family, assets may go to siblings, nieces and nephews, grandparents, or cousins.
The state: If no heirs can be located, the estate escheats to the state of Alaska.
It’s important to note that pets, digital assets, and charitable intentions aren’t accounted for under these laws.
Probate Without a Will
Probate is the legal process through which a deceased person’s estate is administered. When no will exists, the court steps in to appoint a personal representative—often a surviving spouse or adult child—to handle the estate.
However, disagreements over who should serve in this role can arise, and this uncertainty can create friction among family members.
The personal representative is responsible for:
Collecting, inventorying, and valuing assets
Notifying and paying off creditors
Filing tax returns
Distributing assets according to Alaska law
Because there’s no clear directive from the deceased, probate can drag on for months or even years, accruing legal fees and administrative costs along the way.
Why Dying Without a Will Can Be Problematic
The absence of a will leaves loved ones vulnerable to legal complications, financial instability, and emotional strain. Here are some common issues that families encounter:
Family disputes: Without clear documentation, surviving family members may argue over who deserves what.
Unintended beneficiaries: Estranged relatives may legally inherit while close friends or partners receive nothing.
Guardianship confusion: Courts decide who will care for minor children, which may not reflect the parents’ true intentions.
Increased legal costs: Probate with no will is often more expensive and time-consuming.
Business instability: If you own a business and die without a succession plan, its operations and employees may be left in limbo.
For many families, these complications create rifts that can take years—or a lifetime—to mend.
How an Estate Planning Attorney Helps You Stay in Control
Estate planning isn’t just about who gets what. It’s about passing on your legacy, protecting your family, and making sure your wishes are honored. An experienced estate planning attorney brings legal knowledge and personalized strategy to what can otherwise be a confusing and stressful process.
At the Law Office of Justin S. Eppler, LLC, we go beyond simple wills. We work with clients in Anchorage to create holistic plans that cover a broad range of legal scenarios, all while maintaining compassion and discretion.
Key Documents in a Comprehensive Estate Plan
An effective estate plan with the help of an estate planning attorney involves multiple legal tools designed to work together. These include:
Last will and testament: Designates beneficiaries, appoints guardians, and names an executor to manage your estate.
Revocable living trust: Offers control over assets during your lifetime and allows for smoother asset transfer after death.
Durable power of attorney: Assures that someone you trust can handle financial matters if you become incapacitated.
Healthcare directive: States your preferences for medical care and names a proxy to make healthcare decisions.
HIPAA authorization: Allows designated individuals to access your medical records.
Beneficiary designations: Secures retirement accounts, insurance policies, and other non-probate assets, passing as intended.
Together, these documents provide a complete picture of your wishes and make sure that your estate is managed efficiently.
Common Myths About Estate Planning
Many people delay estate planning due to false beliefs. Let’s address a few common misconceptions:
“I’m too young to need a will.” Unexpected events can happen at any age. Planning early safeguards your future.
“I don’t have enough assets.” Even modest estates benefit from proper planning. A will can clarify wishes, prevent disputes, and ease the burden on loved ones.
“My spouse will get everything automatically.” Not always. Alaska law divides assets depending on other surviving relatives.
“I can just tell my family what I want.” Verbal instructions have no legal standing. Only documented legal instruments can verify that your wishes are respected.
Don't let these myths deter you from securing your family's future. Acting today can provide peace of mind for tomorrow.
Steps to Take Now to Protect Your Legacy
The good news is that it’s never too late—or too early—to start planning. Taking action now can spare your loved ones hardship later. Here’s how to begin:
Inventory your assets: Include property, bank accounts, investments, retirement plans, business interests, and valuable possessions.
Name your people: Decide who you trust to act on your behalf, care for your children, and manage your estate.
Talk to an estate planning attorney: A legal professional will make sure that your plan is customized, legally sound, and up to date with Alaska law.
Review regularly: Update your plan after major life changes such as marriage, divorce, births, or deaths in the family.
Communicate with loved ones: Let trusted individuals know where to find your documents and what to expect when the time comes.
By following these steps, you can proactively protect your legacy and provide clarity for your loved ones. Start building your comprehensive estate plan today for a secure tomorrow.
Let Us Help You Secure the Future
At the Law Office of Justin S. Eppler, LLC, we believe that everyone deserves the peace of mind that comes with a well-prepared estate plan. As an experienced estate planning attorney in Anchorage, Alaska, we’re committed to helping you make informed decisions and craft a plan that reflects your values. Reach out today to take the first step toward protecting your future for those you love.
