Affidavit of Surviving Joint Tenant - Alaska

IMPORTANT LEGAL NOTICE
Alaska has abolished joint tenancy in real property, except for tenancy by the entirety. AS 34.15.110(b) and .140 govern the spouse tenancy-by-the-entirety route; AS 34.77.110(e) separately governs property titled with the words "survivorship community property." Use this affidavit only when the recorded vesting instrument and current title evidence establish one of those survivorship routes. For nonspouse co-owners, AS 34.15.110(a) and .130 generally produce a tenancy in common, and this affidavit cannot create a survivorship right that the title record did not contain.

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit of Survivorship / Affidavit of Death of Surviving Spouse — Tenancy by the Entirety)

State of Alaska

RECORDING INFORMATION

After Recording Return To:

Prepared By:

DOCUMENT INFORMATION

RECORDING FEE CALCULATION

Tax and charge review. Confirm from current official Alaska and municipal sources whether any tax, declaration, assessment, recording, title, or transaction-specific charge applies to the survivorship filing. The Recorder's fee schedule does not itself determine tax treatment.

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF ALASKA — [________________________________] JUDICIAL DISTRICT — ss.

The undersigned Affiant, being first duly sworn upon oath, deposes and states:

AFFIANT

1. My name is [AFFIANT FULL LEGAL NAME] ("Affiant"). I reside at [AFFIANT ADDRESS]. I am over the age of eighteen (18) years, am of sound mind, am competent to make this Affidavit, and make it on the basis of my own personal knowledge.

2. I am the surviving owner (surviving tenant by the entirety / surviving spouse) named in the vesting deed described below, and I am the same person who, together with the Decedent, took and held title to the real property described in Exhibit A with right of survivorship.

SWORN STATEMENTS

3. The Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent") died on [__/__/____] at [CITY, BOROUGH/CENSUS AREA, STATE]. Evidence of death selected after title and privacy review: ☐ certified death certificate attached for concurrent recording / ☐ death evidence previously recorded at Document No. [________] / ☐ other accepted evidence or procedure: [________________________________].

4. The Vesting Deed. By [TYPE OF DEED], dated [__/__/____], the Decedent and the Affiant acquired and held title to the real property described in Exhibit A as:

☐ Spouses as tenants by the entirety under AS 34.15.110(b) and .140
☐ Spouses holding property in the statutory form "survivorship community property" under AS 34.77.110(e)

said vesting deed being recorded on [__/__/____] at Document No. _________________ (or Book _______, Page _______), in the [RECORDING DISTRICT] Recording District, State of Alaska. The vesting instrument created a survivorship estate recognized under Alaska law.

5. The Property. The real property affected by this Affidavit is situated in the [RECORDING DISTRICT] Recording District, State of Alaska, and is more particularly described in Exhibit A attached hereto and incorporated herein.

Property Address: [STREET ADDRESS, CITY, AK ZIP]

6. Survivorship Vesting. The Affiant is the surviving owner and is the person named in the vesting instrument. Based on the selected estate above, Affiant states that the Decedent's ownership rights terminated at death and vested in the survivor by the applicable survivorship rule, subject to recorded interests, valid claims, and any title issue not resolved by this affidavit.

7. No Severance. The survivorship estate was not severed, terminated, dissolved (by divorce or otherwise), or destroyed during the joint lives of the Decedent and the Affiant, and remained in full force and effect at the time of the Decedent's death.

8. Transaction-Specific Title Matters. Affiant states only the following facts within Affiant's personal knowledge concerning liens, claims, taxes, divorce, severance, probate, or other matters affecting the selected survivorship estate: [________________________________]. Tax clearance, lien priority, and insurability must be determined separately from this affidavit.

STATUTORY BASIS AND REQUEST TO RECORD

9. Statutory Basis. This Affidavit is made pursuant to:

• AS 34.15.110(b), .130, and .140 (tenancy by the entirety; joint tenancy abolished; survivorship recognized);
• AS 34.77.110(e) (survivorship community property);
• AS 09.63.030 (notarized sworn statement); and
• AS 40.17.030 and .110(a) (formal requisites and general recordability).

10. Purpose; Request to Record. This Affidavit is offered to place the stated death, identity, vesting-instrument, and survivorship facts in the public record. It does not itself adjudicate ownership, cure a defective vesting instrument, extinguish a lien or claim, or guarantee insurable title. Affiant requests recording in the [RECORDING DISTRICT] Recording District.

11. Reliance. This Affidavit may be reviewed with the vesting instrument, death evidence, and other title records; each recipient remains responsible for its own title and underwriting determination.

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

I declare under penalty of perjury and under oath that the foregoing is true and correct to the best of my knowledge and belief.

________________________________________
Signature of Affiant

________________________________________
[AFFIANT FULL LEGAL NAME]

Date: [__/__/____]

JURAT

STATE OF ALASKA — [________________________________] JUDICIAL DISTRICT — ss.

Subscribed and sworn to or affirmed before me at [PLACE] on [__/__/____] by [AFFIANT NAME].

________________________________________
Notary Public in and for Alaska
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Alaska [ZIP]

Recording District: [RECORDING DISTRICT NAME]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING DEED OR TITLE COMMITMENT]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], according to the official plat thereof, filed under Plat No. _________, records of the [RECORDING DISTRICT] Recording District, State of Alaska.
• [METES AND BOUNDS DESCRIPTION]
• U.S. Survey No. _____, Alaska

Source of Title (Vesting Deed): Document No. _________________ (or Book ____, Page ____), [RECORDING DISTRICT] Recording District.

ATTACHMENT

DEATH EVIDENCE ROUTE. Confirm the Recorder's and title company's current intake requirements and the privacy consequences of placing a death certificate in the permanent public record.

• ☐ Certified death certificate attached for concurrent recording
• ☐ Prior recording reference supplied
• ☐ Other approved evidence or procedure supplied

ALASKA RECORDING REQUIREMENTS

Recording Districts

Alaska has 34 recording districts. Offer the affidavit in the recording district where the affected land is located.

Filing Information

• Filing Office: Alaska Department of Natural Resources, Recorder's Office
• Recording Fee: $20.00 first page + $5.00 per additional page
• Taxes and charges: Verify current recording fees and any tax, assessment, municipal, lender, or transaction-specific charge before submission

Document Requirements

☐ Original signature of Affiant
☐ Proper sworn execution and jurat under AS 09.63.030
☐ Death-evidence route confirmed with the title company and Recorder; attachment is not described here as a universal statutory prerequisite
☐ Complete legal description (Exhibit A)
☐ Legible, capable of copying, titled, indexed, and complete with return information, recording-district name, and applicable fee under AS 40.17.030

Statutory References

• AS 34.15.110(b), .130, .140 — Tenancy by the entirety; joint tenancy abolished; survivorship recognized
• AS 34.77.110(e) — Survivorship community property
• AS 09.63.030 — Notarized sworn statement and jurat
• AS 40.17.030, .110(a) — Formal requisites and general recordability

TITLE INSURANCE NOTICE

IMPORTANT: Survivorship depends on the actual recorded vesting and any later title events. If the record does not establish tenancy by the entirety or survivorship community property, this affidavit cannot supply the missing survivorship right. Confirm the title route and available insurance with Alaska counsel and a title professional.

☐ Affiant acknowledges receipt of this notice

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Alaska Statutes Title 34, Chapters 15 and 77

CURRENT OFFICIAL SOURCES

• Alaska Statutes, AS 34.15.010–.160: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.15.010&secEnd=34.15.160
• Alaska Statutes, AS 34.77.090–.110: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.77.090&secEnd=34.77.110
• Alaska Statutes, AS 09.63.010–.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.63.010&secEnd=09.63.120
• Alaska Statutes, AS 40.17.020–.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=40.17.020&secEnd=40.17.120
• Alaska Recorder's Office, Preparing Documents: https://dnr.alaska.gov/ssd/recoff/PreparingDocs
• Alaska Recorder's Office, current fees: https://dnr.alaska.gov/ssd/recoff/Fees
• Alaska Recorder's Office, 34 recording districts: https://dnr.alaska.gov/ssd/recoff/DistList