Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Transferring an Out-of-State Property Interest When All Heirs Agree in Alaska
Detailed Answer
If the decedent owned real estate outside Alaska and all heirs agree, you can often avoid a full ancillary probate in the state where the property is located by following these key steps:
1. Identify the Property Jurisdiction
Determine the state and county where the real property sits. Each jurisdiction has its own rules for transferring real estate after death. You must follow the recording and probate requirements of that jurisdiction.
2. Review Alaska Ancillary Requirements
Under Alaska law, an ancillary personal representative is only required if the decedent’s estate includes real or personal property in Alaska. See AS 13.16.515 and AS 13.16.516. If all property lies outside Alaska, you generally do not need an Alaskan ancillary appointment.
3. Use a Non-Probate Affidavit or Heirship Affidavit
Many states allow heirs to use a sworn affidavit to claim title without full probate. Review the out-of-state jurisdiction’s small-estate or heirship affidavit statutes. For smaller estates in Alaska (if applicable), see the summary procedure at AS 13.26.120. Even if the property is out of state, these affidavits can serve as templates for similar processes elsewhere.
4. Prepare and Record a Deed
Once you confirm the affidavit or simplified transfer tool is acceptable, prepare a deed (typically a quitclaim or executor’s deed) naming all heirs as grantees. Include:
- Legal description of the property
- Names of all heirs
- Statement of decedent’s death and heirship
- Notarized signatures of heirs
Then record the deed in the county land records where the property is located.
5. Obtain a Certified Death Certificate
Most jurisdictions require a certified copy of the decedent’s death certificate to record any transfer document. Order this from the state vital records office where death occurred.
6. Clear Liens and Taxes
Confirm there are no outstanding property taxes, mortgages, or liens. Pay off or obtain lien releases before recording the new deed to ensure clear title.
Helpful Hints
- Check the out-of-state recorder’s office website for local affidavit forms and recording fees.
- Use an estate planning attorney in the property’s state for deed drafting to avoid errors.
- Ensure all heirs sign and notarize documents in compliance with the recording county’s rules.
- Keep copies of all recorded documents and certificates for your records.
- Consult a local real estate or probate attorney if you encounter unusual complications.