Alaska: Transfer-on-Death Deed Requirements
The short answer
Yes. Alaska allows a revocable transfer-on-death deed under AS Chapter 13.48. The owner signs a recordable conveyance and ordinarily acknowledges it before a notary—no separate TOD-deed witness is required—then records it in every recording district where the property lies before death. Class-only beneficiary descriptions are void, and creditor claims can reach the property for 12 months after death.
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This is the general rule in Alaska. Ezel applies current Alaska law to your specific facts and answers with citations to the statutes.
| Governing law | Alaska Uniform Real Property Transfer on Death Act, AS §§ 13.48.010-.130 (enacted 2014 and subsequently amended) |
|---|---|
| TOD deed available? | Yes — a statutory revocable transfer-on-death deed for Alaska real property (AS §§ 13.48.010-.030) |
| How to sign it | Transferor signs a properly recordable conveyance; ordinary route is acknowledgment before a notary, with statutory proof alternatives and no separate TOD witness count. Beneficiaries cannot be identified only as a class (AS §§ 13.48.050; 34.15.150) |
| Recording requirement | Must be recorded before death in the recorder's office for each recording district where the property is located; no fixed signing-to-recording deadline (AS § 13.48.050(4)) |
| Revoking it | Revocable until death by recorded later TOD deed, express revocation, or lifetime deed; a qualifying recorded power of attorney or the TOD deed may authorize an agent to revoke. Revoking instrument must be acknowledged and recorded before death; a physical act or will is ineffective (AS § 13.48.070) |
| Eligible property & owner | An individual may transfer an interest in Alaska real property to 1 or more named persons; class-only designations are void. A surviving joint owner's survivorship right controls; the TOD deed works if the transferor is the last surviving joint owner (AS §§ 13.48.010, .050, .090) |
| Beneficiary survival & effect | Beneficiary must survive the transferor or the gift lapses; alternate beneficiaries may be named. Multiple beneficiaries take equal undivided shares without survivorship unless the deed provides otherwise. Property passes without warranty and subject to existing mortgages, liens, and interests (AS § 13.48.090) |
| Creditor & Medicaid reach | During life, deed changes neither creditor rights nor public-assistance eligibility (§ 13.48.080). If probate assets are insufficient, estate may reach TOD property for allowed claims, allowances, and administration expenses within 12 months (§ 13.48.110). Alaska Medicaid also authorizes lifetime real-property liens and an estate reimbursement claim (AS § 47.07.055) |
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Alaska allows transfer-on-death deeds under AS Chapter 13.48. The current law has
several Alaska-specific details that older summaries miss, including a ban on class-only
beneficiary descriptions and an express option to authorize an agent to revoke. §§ 13.48.010-.030
authorize the deed, make it revocable, and classify it as nontestamentary.
Requirements one by one
How to sign and record it
Under § 13.48.050, the deed must contain the elements of a recordable lifetime deed,
state that the transfer occurs at death, and be recorded before death in each recording
district where the property lies. It cannot identify beneficiaries only as a class—such a
designation is void.
Under § 34.15.150, an Alaska conveyance is acknowledged before an authorized officer
or proved under the statutory alternatives. The ordinary route is the owner's acknowledged
signature before a notary; the TOD Act adds no separate witness count.
Revocation
Under § 13.48.070, record a later inconsistent TOD deed, an express revocation, or a
lifetime deed that transfers or expressly revokes the covered interest. The revoking
instrument must be acknowledged and recorded before death. A physical act on the deed does
not work. A designated agent may revoke only when a recorded power of attorney or the TOD
deed expressly gives that power.
Beneficiary survival and effect
Under §§ 13.48.080-.090, a beneficiary must survive the owner or the gift lapses;
the deed may name alternates. Multiple beneficiaries take equal undivided shares without
survivorship unless the deed provides otherwise. A surviving joint owner's own survivorship
right comes first.
The property passes without title warranty and subject to mortgages, liens, contracts,
encumbrances, and other interests existing at death.
Creditor and Medicaid reach
During life, the deed creates no beneficiary interest and does not change creditor rights or
public-assistance eligibility. Under § 13.48.110, if the probate estate is insufficient,
TOD property remains liable for the Act's covered estate claims after written demand to the
personal representative. The proceeding deadline is 12 months after death.
Alaska's Medicaid statute, § 47.07.055, also authorizes qualifying real-property liens
and an estate reimbursement claim for specified services received at age 55 or older. A TOD
deed is not a blanket Medicaid-recovery shield.
What trips people up
- Name beneficiaries, do not use only a class. “My children” alone is void under the
current Alaska provision. - Record before death. An acknowledged deed left unrecorded does not operate.
- An agent needs express recorded authority to revoke. Ordinary general authority is not
enough for the special agent-revocation route. - The claim period is 12 months. Probate avoidance does not erase creditor exposure.
Common questions
Does the beneficiary sign or accept? No. The deed works without lifetime notice,
delivery, acceptance, or consideration.
Do I need witnesses? The TOD Act adds no separate witness count. Alaska's conveyance
statute uses acknowledgment or statutory proof; a notarized owner signature is the routine
route.
Can I name backups? Yes. Current AS 13.48.090 expressly permits alternate designated
beneficiaries for a share that lapses or fails.
Does my will revoke the TOD deed? No. Use the acknowledged and recorded methods in
AS 13.48.070 during life.
Statutes and sources
- AS §§ 13.48.010-.130 (current Uniform Real Property Transfer on Death Act) — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.48.010&secEnd=13.48.130 (accessed 2026-07-12)
- AS § 34.15.150 (acknowledgment or proof of Alaska conveyances) — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.15.140&secEnd=34.15.160 (accessed 2026-07-12)
- AS § 47.07.055 (Medicaid real-property lien and estate reimbursement claim) — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=47.07.050&secEnd=47.07.060 (accessed 2026-07-12)
Source links
Every statute quoted above, linked, with the date we checked it.
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