How to Decide Which Assets to List on an Alaska Small Estate Affidavit
Short answer: List only the decedent’s assets that are both (1) owned solely by the decedent at death and (2) eligible to be collected under Alaska’s small‑estate procedure. Do not list assets that pass automatically to another person (for example, by beneficiary designation, joint tenancy with right of survivorship, or trust). If an item truly has no value, note it as “$0.00”; avoid leaving required fields blank. When in doubt, describe the item and attach supporting documents or explain why it is excluded.
Detailed answer — what to include, what to exclude, and how to value items
This section explains how to find which assets belong on a small estate affidavit in Alaska, how to treat property with little or no value, and how to present uncertain values.
1. Understand what a small estate affidavit is in Alaska
A small estate affidavit is a sworn statement allowed by Alaska probate law and court practice that lets a person collect certain kinds of the decedent’s property without formal probate administration. The affidavit typically covers tangible personal property and some intangible items that are payable to the estate rather than to named beneficiaries. Alaska’s probate law is contained in Title 13 of the Alaska Statutes; check Title 13 and the Alaska Court System for the exact form and eligibility rules before filing: https://www.akleg.gov/basis/statutes.asp#13 and https://courts.alaska.gov/forms/index.htm.
2. First classify every potential asset
- Titled real estate (land, house): usually outside the scope of a small estate affidavit. Real property commonly requires a probate proceeding or a separate transfer process.
- Tangible personal property (furniture, jewelry, household goods, personal effects): often collectible with a small estate affidavit if owned solely by the decedent.
- Bank and brokerage accounts: determine if the account is payable‑on‑death (POD/ITF) to a named beneficiary or jointly owned with rights of survivorship. If it is POD or joint with survivorship, it usually passes outside of probate and should not be listed as an asset of the estate for collection by the affidavit.
- Retirement accounts and life insurance: these often have beneficiary designations. If a beneficiary is named, the proceeds pass outside probate and should not be included as estate property on the affidavit. If payable to the estate, list them and include plan/policy documentation.
- Vehicles: Alaska often requires both a small‑estate affidavit and DMV paperwork to transfer titles. If the vehicle is solely titled in the decedent’s name, it may be collectible via the affidavit; if titled jointly with right of survivorship, it usually passes to the co‑owner.
- Debts and liens: the affidavit does not usually discharge debts. Do not list amounts owed as positive assets. Instead, be prepared to disclose encumbrances or liens on items you seek to collect.
3. When to list an item on the affidavit
List an item if all of the following are true:
- The decedent owned the item individually at death (not in a revocable trust, not joint with survivorship, and not subject to a beneficiary designation);
- The item is within the kinds of property the Alaska small‑estate process authorizes you to collect (usually tangible personal property and some intangible assets payable to the estate); and
- The total estate meets the Alaska threshold and other eligibility rules for using the small‑estate procedure. (Confirm the current thresholds and rules with Alaska statutes and court forms.)
4. How to handle values: actual value, zero, or unknown
- List the fair market value of each item as of the date of death. For bank and brokerage accounts, use the account balance on that date or as close as documented.
- If an item truly has no market value (for example, a broken lamp with no resale value), record it as $0.00 and include a brief note explaining why you assigned that value.
- If you don’t know the value but the item is subject to collection, provide a reasonable, documented estimate and state the basis for your estimate (e.g., recent appraisal, online comparable, bank statement). Mark the value as “unknown” only if the affidavit form allows comments; many forms expect a dollar amount, so estimate conservatively and document the estimate.
- Do not leave dollar‑value fields blank if the form requires a value; blank fields can cause rejection or delay. Use $0.00 if the asset truly has no value and explain in an attached statement.
5. What to do with assets that pass outside probate
Do not list assets that pass automatically outside probate because listing them on the affidavit can confuse the collector and the institutions holding the asset. Common examples:
- POD or transfer‑on‑death bank accounts (list the beneficiary on a separate sheet for clarity, but do not claim the account as estate property).
- Life insurance or retirement accounts with named beneficiaries.
- Property held in a valid trust.
- Joint property with right of survivorship (house owned jointly with survivorship passes to co‑owner).
6. Documentation to attach
Attach clear support for every listed item and for exclusions you rely on. Typical attachments include:
- Death certificate
- Account statements (banks, brokerages) showing balances at date of death
- Vehicle title or registration
- Insurance policies or retirement plan beneficiary pages
- Deeds or title documents if you are explaining why real property is not claimed
- Appraisals or photos for high‑value personal items
7. Hypothetical examples
Example 1 — bank account: Decedent had a checking account solely in their name with $3,200 at the date of death. There is no POD beneficiary. You should list the checking account and its $3,200 balance on the affidavit and attach a bank statement.
Example 2 — life insurance: Decedent had a life insurance policy payable to a named beneficiary (a child). Because the policy pays directly to that beneficiary, do not list it as an estate asset on the affidavit.
Example 3 — jointly titled home: Decedent and spouse owned the house as joint tenants with right of survivorship. The home passes to the spouse by operation of law and generally should not be listed on the small estate affidavit.
Example 4 — vehicle: Car titled only in decedent’s name, with a small outstanding lien. You can list the vehicle on the affidavit, note the lien, and follow DMV transfer procedures. Check Alaska DMV requirements for title transfer after death: https://doa.alaska.gov/dmv/.
Helpful Hints
- Start by making a full inventory of everything in the decedent’s name, then classify items by how they pass at death.
- Don’t guess about beneficiary designations — obtain recent account/insurance statements to verify beneficiaries and account ownership.
- If a form field requires a dollar amount, enter $0.00 rather than leaving it blank when the item has no value. Include an explanatory note or attachment.
- When values are uncertain, use conservative, documented estimates and disclose how you computed them.
- Attach supporting documentation for every item you claim. Institutions rely on documents, not just assertions in the affidavit.
- Contact the Alaska Court System or review the specific affidavit form before filing to confirm form requirements and eligibility: https://courts.alaska.gov/forms/index.htm.
- For transfers of vehicles or titles, check Alaska DMV requirements early to avoid delays: https://doa.alaska.gov/dmv/.
- If an asset has a creditor or lien, disclose it. A small estate affidavit usually doesn’t remove liens or resolve creditor claims.
When to get help
If the estate contains real property, substantial disputes about ownership, significant debts, unclear beneficiary designations, or assets titled in another person’s name, consider consulting an attorney who handles Alaska probate to avoid mistakes that can lead to liability or rejection of the affidavit.
Disclaimer: This article explains general concepts under Alaska law and provides educational information only. It is not legal advice. For advice on a specific situation, consult a licensed attorney in Alaska.