Detailed Answer
Short answer: If the property was owned as joint tenants with right of survivorship, the surviving owner(s) automatically own the property at death. To “re-record” or clear the chain of title in Alaska you normally record a certified death certificate plus a short affidavit (often called an affidavit of surviving joint tenant or affidavit of death of joint tenant) with the local recorder’s office, or record a new deed signed by the survivor(s). If the co-owner did not hold the property with survivorship rights, the property usually passes through probate or small‑estate procedures and you must take probate steps before title can be updated.
Disclaimer: This is not legal advice. It explains general steps under Alaska law to help you understand options and next steps. For actions that affect title you should consult a licensed Alaska attorney or your local recorder.
1) First confirm how title was held
Look at the recorded deed. It will say how owners hold title. Common forms are: (a) “joint tenants with right of survivorship,” (b) “tenants in common,” or (c) individual ownership. If the deed expressly creates a right of survivorship, the surviving co‑owner(s) take full ownership automatically at death. If the deed does not create survivorship (for example tenants in common), the deceased owner’s share usually becomes part of his or her probate estate.
2) Typical steps when there is a right of survivorship
- Obtain a certified copy of the death certificate for the deceased co‑owner from the state vital records office.
- Prepare an affidavit stating the facts: identity of the deceased, date of death, statement that the deceased and surviving person(s) owned the property as joint tenants with right of survivorship, reference to the recorded deed (book/page or document number), and a statement that the survivor(s) now hold title. Many recorders use a form called “Affidavit of Death of Joint Tenant” or similar.
- Attach a certified copy of the death certificate to the affidavit. Have the affidavit notarized.
- Record the affidavit and the certified death certificate with the recorder/registrar in the jurisdiction where the property is recorded (Alaska borough or city recorder). Pay the recording fees and obtain a recorded copy for your records.
- Optionally, the survivor(s) may prepare and record a new deed (a quitclaim or warranty deed from all survivors to the survivor(s) as sole owner) to present a clear single‑owner deed to title companies, lenders, or future buyers.
Recording an affidavit plus death certificate commonly clears public records so title searches show the correct owner. If there is a mortgage, lender approval or payoff may be required before a new deed is accepted.
3) When survivorship is not present — probate or small‑estate procedures
If the deed did not create survivorship, the deceased owner’s share generally goes through probate. Alaska has probate rules and small‑estate procedures. Whether you can use a streamlined small‑estate process depends on the size and type of the estate. When probate is required, the personal representative named in a will or appointed by the court will transfer title through probate documents or by executing a deed to the beneficiaries.
For general information on Alaska probate statutes, see Alaska Statutes, Title 13 (Probate and Trusts): https://www.akleg.gov/basis/statutes.php (see chapters on probate and estate administration).
4) When you can’t update title easily
- No recorded deed or unclear language: You may need a chain‑of‑title search or a new deed prepared by whoever holds title now.
- Multiple survivors or disputed ownership: Consider hiring an attorney; the parties may need to sign a deed or file a quiet title action.
- Mortgage or liens: Lenders may have requirements before accepting a recorded affidavit or new deed.
5) Practical example (hypothetical)
Two siblings own a cabin as “John Doe and Jane Doe, joint tenants with right of survivorship.” John dies. Jane obtains a certified copy of John’s death certificate, signs an affidavit of surviving joint tenant that references the recorded deed, notarizes it, and records the affidavit and death certificate at the borough recorder. The public record then shows Jane as the surviving owner. If Jane wants, she can record a new deed conveying title solely to herself.
6) Checklist of documents to prepare and record (when survivorship applies)
- Certified death certificate (original certified copy)
- Affidavit of surviving joint tenant (signed and notarized)
- Copy of the recorded deed showing joint tenancy language (reference)
- Recording fee (amount depends on local recorder)
- Optional: new deed (quitclaim or warranty) from surviving owner(s) to themselves
7) Who to contact
Record with the recorder/registrar in the Alaska borough or municipality where the property is located. If you do not know the correct office, contact the Alaska Court System or the local borough clerk for direction. Alaska Court System: https://www.courts.alaska.gov/
8) When to get a lawyer
Talk to a licensed Alaska attorney if:
- Title language is unclear or disputed;
- Multiple potential heirs or beneficiaries contest ownership;
- Mortgages, liens, or tax issues complicate the transfer;
- You need a quiet title action or formal probate administration.
Helpful Hints
- Start by pulling a copy of the recorded deed from the local recorder to confirm joint tenancy language and recording reference numbers.
- Obtain certified death certificates early—many recorders require them for title updates.
- Use a short, clear affidavit that cites the recorded deed by book/page or document number; recorders prefer specific references.
- If a lender holds a mortgage, contact the lender before recording a new deed — the loan may have a due‑on‑sale or assumption requirement.
- Keep originals and certified copies of everything; recorders want certified death certificates, not photocopies.
- If you plan to sell soon, a title company can tell you what recorded documents it will need to insure the title.
- County/borough recording procedures and fees vary — call the local recorder for exact instructions and fee amounts.
For more detailed statutory or local procedures, review Alaska statutes on probate and property (Title 13 and Title 34) and check with the recorder in the borough where the property is located: https://www.akleg.gov/basis/statutes.php.
Again, this information is educational and not a substitute for advice from a licensed Alaska attorney. If you have competing claims, unresolved lender issues, or uncertain deed language, consult a lawyer before recording documents that affect title.