Affidavit of Surviving Joint Tenant

IMPORTANT LEGAL NOTICE
Alaska has ABOLISHED joint tenancy in real property. Under AS 34.15.130, joint tenancy is abolished except for interests in personalty and tenancy by the entirety (spouses). The right of survivorship in Alaska real estate therefore arises from a tenancy by the entirety under AS 34.15.140, or from community property with right of survivorship under the Alaska Community Property Act (AS 34.77.100), not from a non-spousal "joint tenancy with right of survivorship." Use this Affidavit only where the vesting instrument created a tenancy by the entirety or Alaska community property with right of survivorship. Non-spousal co-owners hold as tenants in common (no survivorship), and the decedent's interest must pass through probate or a transfer-on-death deed. Confirm the vesting before relying on this form, and obtain title insurance.

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:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Alaska Bar No. (if attorney): _________________

DOCUMENT INFORMATION

RECORDING FEE CALCULATION

No transfer tax. Alaska does not impose a real estate transfer tax. Vesting by survivorship is not a taxable conveyance.

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF ALASKA              )
                             ) ss.
[JUDICIAL DISTRICT]          )

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]. A certified copy of the Decedent's death certificate is attached hereto and recorded herewith.

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:

☐ Tenants by the entirety, with right of survivorship (AS 34.15.140)
☐ Husband and wife / spouses, with right of survivorship
☐ Alaska community property with right of survivorship (AS 34.77.100)

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 identical person named in the vesting deed described in Paragraph 4. Upon the death of the Decedent, and by operation of the right of survivorship recognized under AS 34.15.140 (tenancy by the entirety) and/or AS 34.77.100 (community property with right of survivorship), the interest of the Decedent in the Property terminated, did not become part of the Decedent's probate estate, did not descend to the Decedent's heirs or devisees, and full and complete title to the Property vested automatically in the surviving Affiant.

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. Estate / Inheritance Tax and Liens. Affiant further states:

☐ Alaska imposes no state estate tax and no state inheritance tax; no Alaska death-tax lien, waiver, or clearance is required for this transfer.
☐ All federal estate tax (if any) due by reason of the Decedent's death has been or will be paid, and no federal estate tax lien encumbers the Property.
☐ To Affiant's knowledge, the Property is free of liens and encumbrances arising from the Decedent's death, except: ________________________________

STATUTORY BASIS AND REQUEST TO RECORD

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

• AS 34.15.130 (joint tenancy abolished; tenancy by the entirety and personalty excepted);
• AS 34.15.140 (tenancy by the entirety; right of survivorship recognized);
• AS 34.77.100 (community property with right of survivorship);
• AS 34.15.150 and AS 40.17.110 (acknowledgment / oath and recording).

10. Purpose; Request to Record. This Affidavit is made to evidence of record the termination of the Decedent's interest and the vesting of full title in the surviving Affiant by right of survivorship, and to remove the Decedent from the record chain of title. Affiant requests that this Affidavit, with the attached certified death certificate, be recorded in the [RECORDING DISTRICT] Recording District to clear title to the Property.

11. Reliance. This Affidavit is made with full knowledge that title insurers, the Recorder's Office, prospective purchasers, lenders, and other interested parties will rely upon the statements made herein.

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              )
                             ) ss.
[JUDICIAL DISTRICT]          )

Subscribed and SWORN TO before me, a Notary Public in and for the
State of Alaska, this _____ day of _________________, 20_____, by
____________________________________________, who is known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the foregoing Affidavit, and who,
being first duly sworn, executed and swore to the same.

WITNESS my hand and official seal.

________________________________________
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

CERTIFIED DEATH CERTIFICATE ATTACHED. A certified copy of the Decedent's death certificate is attached to this Affidavit and is recorded together herewith as evidence of the fact and date of death.

☐ Certified death certificate attached and recorded herewith

ALASKA RECORDING REQUIREMENTS

Recording Districts

Alaska has 34 Recording Districts. File at the Recording District where the property 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
• Transfer Tax: None (Alaska imposes no real estate transfer tax)

Document Requirements

☐ Original signature of Affiant
☐ Proper jurat / oath before a notary public or other authorized officer (AS 34.15.150)
☐ Certified copy of the death certificate attached
☐ Complete legal description (Exhibit A)
☐ Legible and reproducible

Statutory References

• AS 34.15.130 — Joint tenancy abolished (tenancy by the entirety and personalty excepted)
• AS 34.15.140 — Tenancy by the entirety; right of survivorship recognized
• AS 34.77.100 — Community property with right of survivorship
• AS 34.15.150 — Acknowledgment / oath requirements
• AS 40.17.110 — Recording requirements

TITLE INSURANCE NOTICE

IMPORTANT: Because Alaska abolished real-property joint tenancy, survivorship depends on whether the vesting instrument created a tenancy by the entirety or Alaska community property with right of survivorship. If it did not, this Affidavit will NOT clear title and a probate or transfer-on-death-deed process is required. Affiant is STRONGLY ADVISED to obtain an owner's policy of title insurance and to have title examined before recording.

☐ Affiant acknowledges receipt of this recommendation

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Alaska Statutes Title 34, Chapters 15 and 77

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Alaska attorney before using this form.