Deed Transferring Real Property into Living Trust - Alaska

This instrument prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Send all future tax statements to:
[____________________________________]
[____________________________________]

Recording District: [____________] Recording District, State of Alaska

Parcel / Tax Lot No.: [____________]

TWO-INCH TOP MARGIN ABOVE — RESERVED FOR RECORDER'S USE

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Alaska

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a married person / an unmarried person / husband and wife], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it, whose mailing address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee, in trust, to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). The authority of the current or a successor Trustee must be established from the Trust instrument, a Certification of Trust, and any other evidence required for the later transaction.

3. CONSIDERATION

This conveyance is made for the following stated purpose: [funding the Grantor's revocable living trust / other: ________________________________]. The consideration stated for this deed is [________________________________]. This recital does not determine the transaction's tax, assessment, lender, title-insurance, or beneficial-ownership treatment.

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt and sufficiency of which are acknowledged, CONVEYS AND QUITCLAIMS to the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all interest the Grantor has, if any, in the following described real property (the "Property"), located in the [____________] Recording District, State of Alaska:

Property commonly known as: [STREET ADDRESS, CITY, ALASKA, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, appurtenances, and hereditaments belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, platting, land-use, and environmental laws; and
(d) Any mortgage, deed of trust, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / TAX-EXEMPTION REVIEW; TITLE INSURANCE

6.1 Estate-planning purpose. This conveyance is intended to place the Property in the Trust so it can be administered under the Trust terms. Whether the Property avoids probate depends on valid execution, recording, continued Trust ownership, and the governing instruments. Any power to amend or revoke the Trust or direct a reconveyance is controlled by the Trust terms and applicable law.

6.2 Residential / tax-exemption review. AS 29.45.030 and .050 impose state conditions and leave other exemption details to municipal ordinance, application procedures, and assessor determinations. Before and after recording, obtain written guidance from the local assessor on continued eligibility, ownership and occupancy requirements, deadlines, and any new application.

6.3 Title insurance. Before recording, obtain written instructions from the title insurer on whether the transfer affects current coverage and whether an endorsement, new policy, or other action is required.

7. TAX / CHARGE REVIEW AND GARN-ST GERMAIN RECITALS

7.1 Taxes and transaction charges. Confirm from current official Alaska and municipal sources whether any tax, declaration, assessment, title, recording, or transaction-specific charge applies. The Recorder's fee schedule establishes recording charges but does not by itself determine tax treatment.

7.2 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The transfer does not alter the note or release a borrower unless the lender separately agrees in writing.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed on [__/__/____].

Dated this ____ day of ______________, 20____.

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME] (joining when required for titled ownership or a family home or homestead under AS 34.15.010, as counsel determines)

9. NOTARY ACKNOWLEDGMENT (AS 09.63.100(a)(1))

State of Alaska

[________________________________] Judicial District

The foregoing instrument was acknowledged before me on [__/__/____] by [________________________________].

Signature of Person Taking Acknowledgment: ________________________________________
Title or Rank: [________________________________]
Serial Number, if any: [________________________________]
Commission Expiration Date: [__/__/____]

[NOTARIAL SEAL]

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the [____________] Recording District of the State Recorder's Office, Alaska Department of Natural Resources (AS 40.17.020). Alaska uses recording districts rather than counties; identify the correct district by the location of the land, and state the district name on the face of the deed.
2. Formal requirements (AS 40.17.030; 11 AAC 06.040). Use opaque white paper no larger than 8.5" x 14"; leave a 2" top margin on the first page and 1" margins elsewhere; use at least 10-point font; include the document title ("Quitclaim Deed"), the recording district, and the complete mailing addresses of the grantor and grantee.
3. Taxes, fees, and other charges. Obtain current written confirmation of every applicable state, municipal, assessment, lender, title, and transaction-specific charge. Pay the recording fee and any nonstandard-document fee required by the current Recorder schedule; that schedule does not determine tax treatment.
4. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on each policy; (b) confirm any property-tax exemption or classification with the local assessor; and (c) provide the recorded deed and any permitted Trust evidence requested for the title file.
5. Evidentiary effect. Once acknowledged and recorded, the deed carries the statutory presumptions of genuineness, authority, and consideration under AS 40.17.090.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT A COMPLETE LEGAL DESCRIPTION. Under 11 AAC 06.040(a)(7), it must geographically locate and identify the parcel and is sufficient for recording if it contains at least the section, township, range, and meridian, or, for subdivided property, both the lot and block and the subdivision name or plat number. Confirm the description against current title evidence. A parcel or tax-lot number may be added for reference but does not replace the legal description.]

____________________________________

____________________________________

____________________________________

Sources and References

• 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 40.17.020–.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=40.17.020&secEnd=40.17.120
• Alaska Statutes, AS 09.63.050–.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.63.050&secEnd=09.63.120
• Alaska Administrative Code, 11 AAC 06.040: https://www.akleg.gov/basis/aac.asp?media=print&secStart=11.06.040&secEnd=11.06.040
• Alaska Statutes, AS 13.36.070–.110: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.36.070&secEnd=13.36.110
• Alaska Statutes, AS 29.45.030–.050: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=29.45.030&secEnd=29.45.050
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Alaska DNR State Recorder's Office — Preparing Documents: https://dnr.alaska.gov/ssd/recoff/PreparingDocs

This document is provided for informational purposes only and does not constitute legal advice. Consult a licensed Alaska attorney before executing or recording this deed.