If a survey shows the property was conveyed out of my mother’s estate decades ago — what happens next under Alaska law?
Detailed answer: what this likely means and what to check
Short answer: if a recorded deed shows the property left your mother’s estate decades ago and that conveyance was valid, you most likely have no legal ownership interest in that property now. But the full picture depends on the chain of title, the circumstances of the conveyance, and whether any procedural defects, fraud, or other legal claims exist. Below are the main issues to understand and the practical steps to take under Alaska law.
1. Record title usually controls
In Alaska, as in most states, ownership of real property generally follows the recorded chain of title. If a deed transferring the property out of your mother’s estate was properly executed, delivered, and recorded, the person named on that deed (or their successors) is usually the legal owner. That recorded conveyance often ends your claim of ownership unless you can show a legal reason to set the deed aside.
2. Confirm the deed and chain of title
Ask for certified copies of the deed(s) shown on the survey and get a full chain of title (a title search). Important items to check:
- Was the deed recorded at the appropriate recorder’s office? (Records are public and indexed by the borough/municipality in Alaska.)
- Did the deed name a grantee and properly describe the parcel?
- Were signatures properly executed and notarized?
- Are there later documents (deeds, mortgages, liens, or court orders) that affect the parcel?
3. Probate and transfer of a decedent’s property
When someone dies, their property passes according to the title instruments (deeds, joint tenancy, TOD instruments) or by probate if the decedent owned property solely in their name. Alaska’s probate laws govern distribution from estates. You can review Alaska’s probate statutes and general probate procedures here: Alaska Statutes, Title 13 — Probate and Trust, and the Alaska court self-help resources for probate here: Alaska Court System.
4. When a recorded conveyance may be challengeable
Even if a deed is recorded, you might have grounds to challenge it in limited situations, for example:
- Forgery of the deed or forged signatures;
- Fraud or undue influence producing an invalid deed;
- A deed executed by someone without legal authority (for example, if an administrator or executor exceeded their authority);
- Clerical errors in the deed description that cause a cloud on title;
- Failure to follow required probate procedures if the probate court still has jurisdiction and a prior order affects title.
To pursue any of those claims you would typically file a lawsuit (for example, an action to set aside the deed, to quiet title, or to remove a cloud on title) in the Alaska Superior Court. The exact remedy and legal standard depend on the facts.
5. Other issues that can affect your rights
- Adverse possession and long possession by another party can, in some circumstances, divest prior owners — but adverse possession rules and timelines vary and have narrow requirements.
- Equitable interests (promises, unrecorded agreements, or inheritance rights) may create claims even without record title, but these claims require proof and often litigation.
6. Practical consequence if you truly have no interest
If the deed is valid and your mother’s estate no longer owned the property, you generally cannot demand possession or control of that parcel. You also usually cannot force the current owner to pay you for the property. Your options narrow to seeking a legal claim only if you can prove the conveyance was invalid for one of the reasons above.
7. Immediate steps to take
- Get a certified copy of the recorded deed shown on the survey from the local recorder’s office.
- Obtain a full title search or title report from a title company; this shows the complete chain of ownership and any encumbrances.
- Locate probate records for your mother (wills, estate inventories, orders) at the Alaska Superior Court where probate would have been filed. The Alaska Courts can help identify whether a probate file exists.
- If you suspect fraud, forgery, or improper probate procedure, preserve documents and contact an attorney promptly — statutes of limitations can bar claims after a period of time.
- If you want to be certain you have no residual rights (for example, if property might have been omitted from probate), talk with a probate and real estate attorney about whether an estate accounting or supplemental proceeding is warranted.
8. Where to get help in Alaska
Start with a title company for the title search and the recorder’s office for certified copies. For legal questions about challenging a deed, probate issues, or filing quiet-title or other lawsuits, consult a lawyer experienced in Alaska probate and real-estate litigation. For basic procedural information, see the Alaska Court System site at public.courts.alaska.gov and the Alaska statutes at akleg.gov — Title 13.
Helpful hints
- Document request list: ask for the recorded deed(s), the mother’s death certificate, the probate file (if any), and any wills or petitions that mention the property.
- Order a title report early. A title company will list recorded conveyances, liens, judgments, and easements.
- Check the recorder’s office in the borough where the property lies. Recording offices are the authoritative source for recorded deeds.
- Don’t assume “not in probate” means you have a claim. A valid recorded deed usually controls ownership even if the estate records don’t show it.
- If the deed appears forged or fraudulent, act quickly. Evidence degrades and statutes of limitation may apply.
- If you are named in a will but the property was previously conveyed, an accounting or surcharge action may address other estate assets — talk with a probate attorney to explore remedies.
- Keep copies of all communications and documents you collect. A clear timeline helps attorneys assess the strength of any claim.
Next steps and when to hire an attorney
If you want to confirm ownership or consider challenging a deed, consult an attorney who handles probate and real property disputes in Alaska. An attorney can:
- obtain and review the title search and probate records,
- evaluate whether any defects or wrongful acts might invalidate the conveyance,
- advise about timing and statutes of limitation, and
- file a quiet-title or other appropriate action if warranted.
Even if you ultimately have no legal claim, a lawyer can confirm that for you and help close the matter with minimal cost and risk.