Alaska Court System Self-Help

When you die, this deed transfers the described real property to the named beneficiary, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect. If the person you transfer the property to wants to sell the property quickly, this type of deed can slow down the sale process.

Yes, but the sale may be delayed.

In Alaska, creditors have one year after your death to make a claim against real property that is transferred by a TOD deed. Most buyers and mortgage lenders want to be sure no one has any legal claim to the property before they will buy it or give someone title insurance or a mortgage. Because creditors have one year to come forward, it can be hard to be sure there are no claims against the property during that year.

Some title companies ask the new owner to open up a probate to notify possible creditors, which defeats the purpose of the TOD deed.

While the title and creditors are being sorted out, the person who receives the property has to pay all expenses related to the property.

If you think the person who will receive the property will want to sell it quickly, you may want to talk to a lawyer to decide if a TOD deed is your best option.

Yes. Before death, the property owner must record the TOD deed at the recorder’s office in the recording district where the property is located. After the person’s death, the property with the TOD deed does not need to go through probate in court because the title will automatically transfer to the person named in the TOD deed.

However, if the person’s estate had other real property or personal property that did not automatically transfer title upon death, the property without a TOD deed may need to be probated in court.

Complete the:

• Transfer on Death Deed form.

Sign the deed in front of a notary public or other individual authorized by law to take acknowledgments. Record the form in each recording district where any part of the property is located. The form has no effect unless it is acknowledged and recorded before your death.

Yes.

This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the recorder in the recording district where the property is located. If you are not sure, you may want to talk to a lawyer.

Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.

Take the completed and acknowledged form to the office of the recorder in the recording district where the property is located. Follow the instructions given by the recorder to make the form part of the official property records. If the property is in more than one recording district, you should record the deed in each recording district.

Yes. You can revoke the TOD deed. Except for a court, no one, including the beneficiaries, can prevent you from revoking the deed.

There are three ways to revoke a recorded TOD deed:

1. Complete and acknowledge a Revocation of Transfer on Death Deed form and record it in each recording district where the property is located.
2. Complete and acknowledge a new Transfer on Death Deed form that disposes of the same property, and record it in each recording district where the property is located.
3. Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.

You may not revoke the TOD deed by will.

Do not complete this form under pressure. Seek help from a trusted family member, friend, or talk to a lawyer.

No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.

If the real property had a TOD deed recorded before the person died, it will transfer to the beneficiaries named in the deed and is not included in the probate of the estate. However, other property owned by the person who died which does not pass automatically to a survivor must go through probate.

This form is designed to fit some but not all situations. If you have other questions, you may want to talk to a lawyer.