Alaska Order Determining Heirs
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FAQ
If you are entitled to an inheritance, it doesn't just disappear if the probate case must be closed before you can receive it. Instead, it is deposited in a fund with the county in which the probate case was opened.
In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.
Once filed, the will is a matter of public record. Anyone can see it. Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar.
As an heir, you are entitled to a copy of the Will, whether you are named as a beneficiary or not. If there is a probate estate, then you should receive a copy of the Will. If you do not, you can always get it from the court. If there is no probate estate, then the Will is not going to do anything.
How long do you have to make a claim? The Act has a strict time limit for making a claim of six months from the date of the Grant of Probate or Letters of Administration. In very exceptional circumstances this may be extended to allow a late claim, but as a rule you must stick to the six month deadline.
There is a strict time limit within which an eligible individual can make a claim on the Estate. This is six months from the date that the Grant of Probate was issued. For this reason, Executors are advised to wait until this period has lapsed before distributing any of the Estate to the beneficiaries.
An inheritance that remains unclaimed will pass on the next person in the line of intestate succession. If the nonclaiming individual was the last in the intestate line, the property will escheat, or revert to the state.
All of the heirs must sign. The only way to get around a deadlock like this is to have the succession representative sell the house.
