Detailed Answer: How a right of survivorship affects claims to surplus funds in Alaska

When a property sells in a foreclosure or trustee sale, any money left over after paying the debt and sale costs is called surplus funds (sometimes “overage”). Who is entitled to those surplus funds depends on who owned the property when the debt was created and when the sale occurred, and on the recorded ownership documents. One common ownership form is a joint tenancy with right of survivorship. If your deed clearly creates a right of survivorship, that ownership interest can be critical when you try to claim surplus funds.

What a right of survivorship means

Right of survivorship means that when one joint owner dies, the surviving joint owner(s) automatically own the decedent’s share as to title — without probate. A deed that creates a joint tenancy with right of survivorship normally transfers the decedent’s interest immediately to the surviving owner(s) at death.

How that affects a claim to surplus funds

1. Timing matters: If the co‑owner died before the foreclosure sale and the deed created a survivorship right, the survivor likely held full title at the time of sale. That strengthens the survivor’s claim to all surplus funds because the survivor was the owner when the sale happened.
2. If the co‑owner died after the sale: The person who held title at the time of the sale — whether one owner or multiple owners — is the starting point for distribution of surplus funds. A later death does not retroactively change who was owner at the sale.
3. Deed language controls: Courts and trustees look to the deed’s wording. Courts favor clear, explicit language creating a joint tenancy with right of survivorship. Ambiguous deed language may create tenancy in common, which leaves each owner with a divisible share that passes under the owner’s will or by intestacy on death (and that may require probate).
4. Recording and proof: To collect surplus funds you will need recorded documents showing ownership (deed), proof of death (death certificate), and often an affidavit of survivorship or recorded affidavit of death if your county recorder’s office accepts such affidavits. If ownership transferred automatically by survivorship before the sale, those documents help you show you were the owner when the surplus arose.

When asserting survivorship can fail

Claiming a larger share by asserting survivorship can fail if:

• The deed does not unambiguously create a right of survivorship.
• The deed was altered, superseded, or evidence shows the parties intended tenancy in common.
• The alleged survivor cannot produce required recorded documents and official proofs.
• A court finds the deed was fraudulent or a sham — for example, a conveyance executed to defeat creditors or lawfully filed claims.

Practical steps to assert a survivorship interest for surplus funds in Alaska

1) Locate and obtain a certified copy of the recorded deed that shows the joint tenancy language. The county recorder’s office can supply this document.

2) Get a certified copy of the decedent’s death certificate.

3) Prepare an affidavit of survivorship (or affidavit of death and survivorship) that recites the deed, the death, and the survivor’s claim to title. Record it if your recorder advises that recording is standard practice in your county.

4) Follow the surplus funds claim process used in the sale — if the sale was conducted by a trustee, contact the trustee or title company handling distribution; if the sale was through the court, file the necessary claim or motion in the court that handled the foreclosure sale.

5) Be ready to produce evidence: recorded deed, death certificate, identification, any affidavits, and if necessary, a certified court order or letters testamentary if the title is tied up in probate.

Where Alaska law comes in

Alaska property and recording law, and the court rules that govern distribution of sale proceeds, guide how title and surplus funds are determined. For state statutes and text on recording and real property, see the Alaska Statutes and the Alaska legislative website: https://www.akleg.gov/basis/statutes.asp. If the sale was in a judicial process, court procedures and local rules will control claim timing and proof. See the Alaska Court System for procedural guidance: https://www.courts.alaska.gov/.

When you should talk to an attorney

Even with a deed that appears to create survivorship, rival claimants, ambiguous language, or procedural deadlines for surplus claims can make the process complex. Talk to a local Alaska attorney if:

• Someone contests your claim to the surplus funds;
• The deed is ambiguous or contains conflicting language;
• There were transfers, liens, or judgments that might affect distribution;
• You are unsure which procedure (trustee distribution vs. court claim) applies to the sale.

An attorney can review the deed, advise whether the deed created a true right of survivorship under Alaska law, help prepare and record affidavits, and represent you in filing or defending a claim for surplus funds.

Quick checklist: Documents and actions to assert survivorship

• Certified copy of recorded deed showing joint tenancy language
• Certified death certificate for the decedent co‑owner
• Affidavit of survivorship or affidavit of death (record if appropriate)
• Identification and proof of address for the surviving owner
• Copies of foreclosure sale notices, trustee’s distribution statements, or court sale orders
• Contact the trustee, title company, or court handling surplus distribution and follow their claim instructions

Helpful Hints

• Gather evidence early. Many surplus‑fund claim processes have strict deadlines.
• Check the exact deed wording. Words like “joint tenants with right of survivorship” are stronger than vague phrasing like “as joint owners.”
• Record supporting affidavits if your recorder’s office recommends it; an officially recorded affidavit reduces disputes about what happened.
• Be honest and accurate. Making false claims or submitting fabricated documents can lead to criminal penalties and civil liability.
• If multiple people claim a share, a court may resolve who is entitled. Be prepared for possible litigation.
• If you are the surviving spouse or family member without a recorded survivorship deed, you may still have rights through probate or other statutory claims — consult an attorney.

Disclaimer: This article explains general principles under Alaska law but is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Alaska attorney who can review your deed, documents, and facts.