Transfer-on-Death Deed - Alaska

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:

If this person is an alternate, identify the primary beneficiary's share that this person would receive in Section 8.

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, this deed does not limit the Transferor's ownership rights, including the right to sell, mortgage, encumber, or otherwise dispose of the property.

2. Nontestamentary Nature: This deed is nontestamentary under AS 13.48.030.

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.

Under AS 13.48.070, the Transferor may revoke this deed by a later TOD deed that revokes it expressly or by inconsistency, an express instrument of revocation, an inter vivos deed that expressly revokes it, or an inter vivos deed that transfers the affected property interest to the extent transferred.

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. Where a deed has multiple transferors, one transferor's revocation does not affect another's interest; a deed made by joint owners is revoked in full only if all living joint owners 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.

Alternate for a particular primary beneficiary's share, if chosen: If [PRIMARY BENEFICIARY NAME]'s share lapses or fails for any reason, that share passes to [ALTERNATE BENEFICIARY NAME] if that alternate survives the Transferor. Repeat this instruction for each additional share that has an alternate: [________________________________]. If no alternate is chosen, remove this paragraph and the alternate entry in Section 3.

Unless an effective alternate is named for the failed share, it passes to the remaining designated beneficiaries in proportion to their interests in the remaining concurrent property, as provided in AS 13.48.090(a)(4)–(5). A beneficiary must survive the Transferor to take under this deed.

9. Signature and Notarization

TRANSFEROR'S SIGNATURE:

_____________________________________________
Signature of Transferor

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

ACKNOWLEDGMENT

State of Alaska

[________________________________] Judicial District

The foregoing instrument was acknowledged before me this [__/__/____] by [TRANSFEROR FULL NAME].

_____________________________________________
Signature of person taking acknowledgment

Title or rank: [Notary Public]

Serial number, if any: [________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

10. Recording Information

Recording requirement: This deed must be recorded before the Transferor's death in the public records of each recording district where the property is located (AS 13.48.050(4)). An unrecorded deed has no effect under that section. Confirm the current recording fee with the recorder.

Upon the Transferor's Death:

Confirm with the recorder and title professional what documents are required to update record title after the Transferor's death.

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.

Joint Ownership with Survivorship

For a transferor who is a "joint owner" within AS 13.48.190(3), the survivorship rule in AS 13.48.090(c) controls while another such owner survives; the TOD deed is effective if the transferor is the last surviving joint owner. Confirm the ownership form before relying on this rule. Effective July 1, 2026, the statutory property definition 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 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.