Disclaimer: I am not a lawyer. This content is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Alaska law, you may use a small estate affidavit if the decedent’s Alaska assets have a combined net value of $100,000 or less and no formal probate proceeding is pending. You must wait at least 120 days after the decedent’s death before presenting the affidavit. The governing statute is AS 13.16.320. Once you meet the eligibility requirements, gather and submit the following documents to the holder of the assets (for example, a bank or transfer agent).
Key Documents Required
- Certified Death Certificate – Obtain a certified copy from the Alaska Department of Health’s Vital Statistics office.
- Small Estate Affidavit Form – Use the state-approved form (see Form SPV-0026), completed and notarized.
- Affidavit of No Pending Probate – Sworn statement confirming no probate petition has been filed or is pending in any jurisdiction.
- List of Estate Assets and Values – Itemized inventory showing each asset, its location, and fair market value.
- Notice to Heirs and Creditors – Proof that you provided written notice at least five days before presenting the affidavit, as required by AS 13.16.340.
- Creditor Claim Information – List of known creditors and outstanding debts, plus copies of any claims submitted or notices sent.
- Proof of Identity for the Affiant – A government-issued photo ID (driver’s license or passport) for the person signing the affidavit.
After you assemble these documents, submit originals or certified copies to the institution holding the assets. They will verify eligibility and release the property or funds.
Helpful Hints
- Verify the total value of Alaska assets does not exceed the $100,000 threshold under AS 13.16.320.
- Count down 120 days from the date of death before using the affidavit.
- Serve notices to heirs and creditors at least five days in advance (AS 13.16.340).
- Maintain copies of every document you submit for your records.
- When in doubt, consult a licensed Alaska attorney, especially if disputes or complex assets arise.