Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — STATE OF ALASKA

Pursuant to AS § 13.48.010 et seq. (Uniform Real Property Transfer on Death Act)

Table of Contents

1. Caption and Title
2. Grantor/Transferor Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature and Notarization
10. Recording Information
11. Alaska-Specific Notes
12. Sources and References

1. Caption and Title

RECORDING REQUESTED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED
(Alaska Uniform Real Property Transfer on Death Act — AS § 13.48.010 et seq.)

2. Grantor/Transferor Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Transferor (Grantor):

3. Beneficiary Designation

Designated Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Transfer-on-Death Deed is described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Street Address (if applicable):
[________________________________], Alaska [____]

Recording District: [________________________________]

Tax Parcel/APN: [________________________________]

5. Transfer-on-Death Designation

The Transferor hereby designates that the above-described real property shall be transferred on death to the Designated Beneficiary(ies) identified in Section 3, subject to the following terms:

1. Effective Date of Transfer: This transfer shall become effective only upon the death of the Transferor. Until that time, the Transferor retains full ownership, control, and all rights to the property, including the right to sell, mortgage, encumber, or otherwise dispose of the property.

2. Nontestamentary Nature: This deed is a nontestamentary instrument and shall not be construed as a will or testamentary disposition. This deed is not subject to the requirements of AS Title 13, Chapter 12 (Wills).

3. No Present Interest: The Designated Beneficiary(ies) acquire(s) no present interest in the property during the Transferor's lifetime. The designation creates no right, interest, or claim in the property prior to the Transferor's death.

4. Statutory Authority: This Transfer-on-Death Deed is executed pursuant to AS § 13.48.010 et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

Pursuant to AS § 13.48.070, the Transferor may revoke this deed at any time by:

☐ A later TOD deed that revokes this deed expressly or by inconsistency
☐ An instrument of revocation that expressly revokes this deed
☐ An inter vivos deed that expressly revokes this deed
☐ An inter vivos deed transferring the affected property interest

The revoking instrument must be acknowledged after the acknowledgment of this deed and recorded before the Transferor's death in the recording district where this deed is recorded. For a deed made by joint owners, all living joint owners must revoke it. A recorded power of attorney or this deed must expressly authorize an agent to revoke it.

Important: A revocation by will is not effective to revoke this Transfer-on-Death Deed (AS § 13.48.070).

7. Effect on Existing Interests

This Transfer-on-Death Deed does not affect:

• Any existing mortgage, deed of trust, lien, or encumbrance on the property
• The rights of any secured creditor
• The Transferor's right to sell, mortgage, or otherwise dispose of the property during lifetime
• Tenancy by the entirety or other existing ownership interests (if applicable)

The Designated Beneficiary(ies) shall take the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the Transferor's death (AS § 13.48.090).

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Statutory Default: The beneficiaries shall take equal, undivided concurrent interests with no right of survivorship under AS § 13.48.090(a)(3).
☐ Specified Unequal Shares: The beneficiaries shall take undivided interests in the percentages stated in Section 3, subject to attorney review of AS § 13.48.090.

If a designated beneficiary predeceases the Transferor:
☐ The predeceased beneficiary's share shall pass to the alternate/contingent beneficiary designated in Section 3.
☐ The predeceased beneficiary's share shall be divided equally among the remaining surviving beneficiaries.

9. Signature and Notarization

TRANSFEROR'S SIGNATURE:

_____________________________________________
Signature of Transferor

Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF ALASKA
)
[________________________________] Recording District )

On [__/__/____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

_____________________________________________
Notary Public for the State of Alaska
My Commission Expires: [__/__/____]

[NOTARY SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be recorded in the office of the recorder in every recording district where the property is located before the Transferor's death (AS § 13.48.050)
☐ An unrecorded TOD deed is ineffective
☐ Recording fees apply per the recording district's schedule

Upon the Transferor's Death:

Confirm with the recorder and title professional what proof of death or identity is required to update record title. AS 13.48 makes the transfer effective at death but does not prescribe one statewide post-death filing packet.

11. Alaska-Specific Notes

Creditor Claims and Estate Recovery

Pursuant to AS § 13.48.110, if the Transferor's probate estate is insufficient to satisfy allowed claims, statutory allowances, and the expenses of administration, the property transferred by this TOD deed may be subject to creditor claims. A proceeding to enforce such claims must be commenced within 12 months of the Transferor's death.

The proceeding also requires a written demand to the personal representative by a surviving spouse, creditor, child, or a person acting for a child or surviving spouse.

Public Assistance Eligibility

During the Transferor's life, the deed does not affect the Transferor's or Designated Beneficiary's eligibility for public assistance under AS § 13.48.080(4). Estate-recovery and creditor questions after death remain separate and should be reviewed by Alaska counsel.

Homestead

Alaska homestead protections should be reviewed in connection with any TOD deed affecting the Transferor's primary residence.

Joint Tenancy

If the property is held with a right of survivorship, that survivorship right prevails while another joint owner survives; the TOD deed becomes effective if its Transferor is the last surviving joint owner (AS § 13.48.090(c)). Effective July 1, 2026, the statutory definition of transferable property also includes transferable ownership and leasehold interests in common-interest communities governed by AS 34.08.

12. Sources and References

• AS § 13.48.010 et seq. — Uniform Real Property Transfer on Death Act (Alaska)
• AS § 13.48.050 — Requirements for TOD deed execution and recording
• AS § 13.48.070 — Revocation of TOD deed
• AS §§ 13.48.080-.090 — Lifetime and death effects
• AS § 13.48.110 — Creditor claims and statutory allowances
• Alaska 2014 HB 60, ch. 10 SLA 2014 — enacted AS 13.48
• Alaska 2026 SB 104, ch. 12 SLA 2026 — effective July 1, 2026 amendments

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Alaska attorney before executing any transfer-on-death deed.