How to determine if a transferred vehicle must be treated as estate property after a decedent’s death? – AK | Alaska Probate | FastCounsel
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How to determine if a transferred vehicle must be treated as estate property after a decedent’s death? – AK

August 6, 2025 2 min read

Detailed Answer

This FAQ explains how to decide whether a vehicle transferred after someone’s death counts as estate property under Alaska law. Use this guide to identify if the vehicle goes through probate or passes outside the estate.

1. Understand Alaska’s Definition of Estate Property

Under Alaska Statute § 13.16.010, estate property includes all assets owned in the decedent’s name at death unless a nonprobate transfer applies. See § 13.16.010: akleg.gov.

2. Identify Nonprobate Transfers

Nonprobate transfers move assets outside the estate. Key nonprobate mechanisms for vehicles in Alaska:

  • Transfer-on-Death (TOD) Beneficiary: AS 13.40.010 lets an owner name a beneficiary on the vehicle title. If properly executed, the vehicle transfers directly to the beneficiary and avoids probate (akleg.gov).
  • Joint Ownership with Right of Survivorship: If title names co-owners as joint tenants with right of survivorship, the surviving owner automatically gets full title at death.
  • Revocable Trust: Placing the vehicle in a valid revocable trust before death lets the successor trustee transfer it without probate.

3. Check Title and Documentation

Review the vehicle’s certificate of title. Look for TOD beneficiary language, joint-tenant designations, or trust references. If none appear, the vehicle likely remains estate property.

4. Consider Timing and Intent

A gift deed executed shortly before death may still require probate. Alaska has no specific “look-back” period for vehicle gifts, but courts can scrutinize last-minute transfers if they appear fraudulent.

5. Steps to Confirm Status

  1. Obtain the original title and any TOD forms filed with the DMV.
  2. Verify joint-tenant language or trust assignments.
  3. If unclear, contact the Alaska DMV or a probate clerk to request title history.
  4. If the vehicle is estate property, file a small estate affidavit or a full probate petition under AS 13.16.

Disclaimer

This information is educational and not legal advice. Consult a licensed attorney for guidance on your specific situation.

Helpful Hints

  • Always check the latest Alaska statutes at akleg.gov to confirm current law.
  • If a TOD beneficiary is named, ensure the DMV received the correct paperwork.
  • Joint-tenancy must explicitly state “right of survivorship” on the title.
  • Keep copies of all title changes and trust documents in one folder.
  • For small estates under AS 13.16.020, you may avoid full probate by filing an affidavit.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.