Alaska · AS 13.48Alaska transfer on death deeds: the rules and what they mean for a sale

Alaska lets an individual transfer real property to one or more beneficiaries effective at death by a transfer on death deed (AS 13.48.010). The deed must have the formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before death with the recorder of the district where the property is; a deed that names beneficiaries only as members of a class is void (AS 13.48.050). No notice, delivery, acceptance or consideration is needed (AS 13.48.060). It's revocable even if it says otherwise, but only by a later recorded instrument – a new transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it or transfers the property – acknowledged after the deed and recorded before death; a designated agent may revoke it if the deed or a recorded power of attorney expressly allows (AS 13.48.020, .070). During the owner's life the deed doesn't affect the right to sell or encumber the property and gives the beneficiary no interest (AS 13.48.080), so the owner can sell normally. At death the property passes to the beneficiaries who survive, subject to all mortgages, liens and other interests, without covenant or warranty of title (AS 13.48.090). Contests over capacity, fraud or undue influence, and creditor claims against the property when the estate is insufficient, must be brought within 12 months after death (AS 13.48.045, .110).