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:

☐ Recording an instrument of revocation in the same recording district where this deed is recorded
☐ Recording a new Transfer-on-Death Deed for the same property
☐ Recording an inter vivos deed that expressly revokes this TOD deed

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
• Joint tenancy or tenancy by the entirety 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:

☐ Concurrent Beneficiaries: The beneficiaries shall take the property as tenants in common in the shares designated in Section 3.
☐ Joint Tenancy with Right of Survivorship: The beneficiaries shall take the property as joint tenants with right of survivorship.

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 the recording district where the property is located before the Transferor's death (AS § 13.48.040)
☐ An unrecorded TOD deed is void and has no effect
☐ Recording fees apply per the recording district's schedule

Upon the Transferor's Death:

The beneficiary should record the following to establish the chain of title:
☐ Certified copy of the Transferor's death certificate
☐ Affidavit of survivorship or identity (as required by the recording district)

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.

Medicaid Estate Recovery

Property transferred by TOD deed may be subject to Medicaid estate recovery claims by the State of Alaska. Transferors who have received or may receive Medicaid benefits should consult with an elder law attorney.

Public Assistance Eligibility

A TOD deed may affect the Transferor's or Beneficiary's eligibility for public assistance programs. Consult with counsel regarding potential impacts.

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 in joint tenancy, the TOD deed is effective only as to the last surviving joint tenant (AS § 13.48.060). The right of survivorship among joint tenants takes precedence over the TOD designation.

12. Sources and References

• AS § 13.48.010 et seq. — Uniform Real Property Transfer on Death Act (Alaska)
• AS § 13.48.040 — Requirements for TOD deed execution and recording
• AS § 13.48.070 — Revocation of TOD deed
• AS § 13.48.090 — Effect of TOD deed on existing interests
• AS § 13.48.110 — Creditor claims and statutory allowances
• Uniform Real Property Transfer on Death Act (Uniform Law Commission, 2009)

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.