Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
An Affidavit of Heirship under Alaska law lets heirs establish title to a decedent’s property without opening a full probate. You can use it when someone dies intestate (without a will) and the estate meets statutory requirements.
Key Alaska statutes:
- AS 13.16.005 (Affidavit of Heirship for Real Property)
- AS 13.16.010 (Affidavit of Heirship for Personal Property)
Follow these steps:
- Confirm Intestacy: Verify there is no valid will. Check with the local court where the decedent lived or where property sits.
- Identify Heirs: List all statutory heirs under AS 13.12.010. Common heirs include spouse, children, parents, and siblings.
- Gather Documentation: Obtain the decedent’s death certificate, marriage certificates, birth records, and any documents proving family relationships.
- Draft the Affidavit: The affidavit must include:
- Decedent’s full name, date of death, and last residence.
- Affiant’s (the person preparing the affidavit) name and address.
- Factual statement that the decedent died intestate and no probate has been opened.
- Names and relationships of all heirs.
- Legal description of the real property (if any) or description of personal property.
- Reference to AS 13.16.005 or AS 13.16.010, as applicable.
- Obtain Attestations: In many cases, you should have two disinterested witnesses who knew the decedent sign or notarize statements confirming your facts.
- Notarize and File: Sign the affidavit before a notary public. For real property, record it with the appropriate borough or municipal recorder’s office. For personal property, deliver the affidavit to the custodian (such as a bank or vehicle licensing office).
- Pay Fees: Pay recording or filing fees, which vary by jurisdiction and the type of property.
Helpful Hints
- Request certified death certificates early to avoid delays.
- Use the exact legal description from the recorded deed for real estate.
- Double-check heir names and current addresses against public records.
- Confirm recording requirements and fees with the local recorder or clerk.
- Keep copies of all filed documents and receipts for your records.
- Consult an attorney if the estate includes complex assets or disputes among heirs.