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Hear this out loud PauseA probate is required when a person dies and owns property that does not automatically pass to someone else, or the estate doesn't qualify to use the Affidavit for Collection of Personal Property procedure. A probate allows a Personal Representative to transfer legal title of that property to the proper persons.
Hear this out loud PauseIf you create a revocable trust, you will need to choose a Trustee and decide how the property will be managed after you die. If you want to avoid probate, you will also need to transfer ownership of all of your property to the revocable trust or name the revocable trust as a beneficiary of your property.
You should tell the following people as soon as possible that the person has died: Personal doctor, hospital, or medical clinic if arrangements need to be made for donation of the person's tissue, organs, or body. Funeral director. Personal Representative named in a Will. Guardian of any minor children named in a Will.
If the property is held as tenants by the entirety or as Alaska Community Property with a right of survivorship, it passes automatically to the spouse who survives the person who died. There is no need to do anything to transfer the real property to the surviving spouse.
Hear this out loud PauseIn fact, many estates can be settled without any court involvement at all. Estates valued at less than $50,000, plus $100,000 worth of motor vehicles, can often avoid the probate process in court, provided the estate contains no real property (land or a home).
You need to file within the three years after the deceased's passing to qualify for informal probate. Anything after three years will automatically end up in formal probate court.
Allowances are special payments that the Personal Representative makes to family members of the person who died from estate property. Along with and exempt property they can total up to $55,000 (or more in some cases).
If you die without a will in Alaska, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether you are married, and whether your children are also your spouse's children.