Alaska Court System Self-Help

An Affidavit for Collection of Personal Property allows a person to transfer the personal property without having to open a probate court case. The estate must meet specific conditions. Any person who has a right to the property of the person who died, other than a creditor, can collect the property by signing the Affidavit for Collection of Personal Property. This person is called a "successor."

You can use:

• Affidavit for Collection of Personal Property of Decedent, P-110

No. If the estate meets all the conditions, you can use an Affidavit for Collection of Personal Property without a court case.

In certain circumstances, personal property may be transferred to the decedent's successors without a probate case. If the estate meets certain conditions, the successor(s) can sign a special affidavit to collect the property of the person who died without filing anything with the court:

This simple procedure is available when the estate meets all of these conditions:

• It has been at least 30 days since the person died.
• No one has started a probate case or asked the court to appoint a Personal Representative.
• The person who died did not own any real property (land or buildings attached to land), no matter how small the value of the real property, or they had real property but it passed automatically to someone else because they were tenants by the entirety or there was a Transfer on Death Deed.
• The value of all Alaska registered vehicles owned by the person who died is $100,000 or less, after subtracting all debts and liens against the vehicles. When you add up this value, include only vehicles that must be registered in Alaska. Generally this means cars, motorcycles, trucks, trailers and manufactured homes not permanently attached to real property. It does not include snowmachines, ATVs, tractors, off-road equipment or boats.
• The value of all other personal property owned by the person who died is $50,000 or less, after subtracting all debts and liens against the property. Personal property means cash, checks, bank accounts, the Alaska Permanent Fund Dividend, furnishings, jewelry, artwork, tools, equipment and similar items. It does not include nonprobate property which passes automatically to someone without a probate (for example a joint bank account).

If the estate qualifies for an Affidavit for Collection of Personal Property you can transfer title to the person's property using a special document called an Affidavit for Collection of Personal Property of Decedent.

You can use:

• Affidavit for Collection of Personal Property of Decedent, P-110

Any person who has a right to the property of the person who died, other than a creditor, can collect the property by signing the Affidavit. This person is called a "successor."

A successor can be any one of the following:

• The person named as the Personal Representative in the Will.
• A beneficiary named in the Will.
• An heir of the person who died if there is no Will. To learn more about who is an heir, see Death Without a Will - Intestacy.

You must sign the Affidavit for Collection of Personal Property under oath saying that all of these statements are true and complete to the best of your knowledge and belief. You can do this before a notary or a court clerk.

To collect the estate property, give a copy of the Affidavit to any person or business who has personal property owned by the person who died. That person or business is required by law to give you the property.

You cannot keep the property. You must give the property to the rightful beneficiaries under a Will or the heirs of the person who died if there is no Will. If you do not give it to the proper person, you may be held accountable.

If a Personal Representative is appointed by the court after you signed the affidavit, you must give the property to the Personal Representative.

• Affidavit for Collection of Personal Property of Decedent, P-110