Detailed Answer
When heirs of an Alaska decedent need to transfer real property located in another jurisdiction, they typically use a quitclaim deed or a personal representative’s deed after probate in Alaska. Under AS 13.16.110 (Personal representative’s deed), a personal representative appointed by an Alaska court may execute a deed conveying the decedent’s interest. If the estate has not been probated, heirs who have acquired title by intestacy should sign a quitclaim deed, which conveys whatever interest they hold without additional warranties.
Because the property lies outside Alaska, the deed must conform to the form and recording requirements of the jurisdiction where the land is situated. Many states require specific statutory language, a valid notarial acknowledgment, and attachment of a certified copy of letters testamentary or letters of administration to prove authority.
After execution and acknowledgment, the original deed should be delivered to the recorder’s office in the county where the property is located. Recording fees, transfer taxes, and return‐of‐original requirements vary by state. Once recorded, the deed becomes part of the public land records in that jurisdiction.
For recording procedures in Alaska (if the property were in Alaska), see AS 09.45.470 (Recording of instruments), which outlines acceptable instruments and general recording rules.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Verify whether the Alaska probate court has appointed a personal representative to use a statutory PR’s deed.
- Contact the recorder or clerk in the jurisdiction where the property lies to obtain the correct deed form and local recording rules.
- Attach a certified copy of letters testamentary or letters of administration if using a personal representative’s deed.
- Use a quitclaim deed when heirs convey their interests without guaranteeing title quality.
- Check local transfer tax or stamp tax obligations before recording.