Alaska Wills, Probate and Estate Law
The rules in Alaska for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the Superior Court (probate).
Quick answers for Alaska
- Small estate affidavit
- Thirty days after death, a successor can collect the decedent's personal property (money owed, bank accounts, stock and other personal items) by giving the holder an affidavit, if the whole estate, after liens and debts, is no more than $100,000 in registered vehicles plus no more than $50,000 in other personal property, and no personal representative has been requested or appointed anywhere. The court's form is the Affidavit for Collection of Personal Property of Decedent (P-110). It cannot be used if the decedent owned real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed. AS 13.16.680; Alaska Court System self-help (Collecting Property Without a Court Case)
- Handwritten (holographic) wills
- Yes. A will that does not meet the witness rules is valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the will-maker's handwriting. AS 13.12.502(b)
- Transfer-on-death deed
- Yes. An owner can transfer real estate at death by a transfer-on-death deed. The owner needs the same capacity as for a will. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, not name beneficiaries only as a class, and be recorded before the owner's death in the recording district where the property is located. Notice to or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument. AS 13.48.010-13.48.070
- State estate or inheritance tax
- No Alaska estate tax is due in practice. Alaska's estate tax equals the federal credit for state death taxes, which no longer exists under federal law. Alaska has no inheritance tax. AS 43.31.011
Last verified: 2026-10-25
Wills
| Requirements for a valid will | Anyone 18 or older who is of sound mind may make a will. A witnessed will must be in writing, signed by the will-maker (or by another person in the will-maker's name, in their conscious presence and at their direction), and signed by at least two witnesses, each signing within a reasonable time after seeing the signing or the will-maker's acknowledgment of the signature or the will. Re-verified 2026-10-27. Source: AS 13.12.501, 13.12.502 |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witness rules is valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the will-maker's handwriting. Re-verified 2026-10-27. Source: AS 13.12.502(b) |
| Self-proving affidavit | Yes. A will can be made self-proved when it is signed, or at a later time, by the will-maker's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths. The statute gives the certificate wording. Re-verified 2026-10-27. Source: AS 13.12.504 |
If there is no will
| Who inherits without a will | Surviving spouse: everything if the decedent left no descendants and no parent, or if all the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $200,000 plus three-fourths of the rest if a parent survives but no descendants; the first $150,000 plus half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $100,000 plus half of the rest if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. Special rules apply to Alaska Native Claims Settlement Act corporation stock. Re-verified 2026-10-27. Source: AS 13.12.102, 13.12.103 |
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| Surviving spouse's share | The surviving spouse of a decedent who lived in Alaska may elect to take one-third of the augmented estate (which includes certain non-probate transfers), with a supplemental amount that brings the spouse's total up to $50,000 if needed. The spouse must file a petition within nine months after death or six months after the will is probated, whichever is later; the court can extend the time on a petition filed within nine months. Re-verified 2026-10-27. Source: AS 13.12.202, 13.12.211 |
Probate
| Probate steps | Probate is handled by the superior court. Most proceedings must start within three years after death. The main steps are: application for informal probate or petition for formal probate and appointment of a personal representative; letters issued; publishing notice to creditors once a week for three weeks; preparing an inventory within three months after appointment (sent to interested persons who ask, and optionally filed with the court); paying claims and distributing the estate; and closing. Re-verified 2026-10-27. |
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| Simplified probate | If the inventory shows the estate is worth no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate right away without notice to creditors and close it by filing a sworn closing statement (form P-350). The personal representative's appointment ends one year after the statement is filed if nothing is pending. Re-verified 2026-10-27. Source: AS 13.16.690, 13.16.695 |
| Small estate affidavit | Thirty days after death, a successor can collect the decedent's personal property (money owed, bank accounts, stock and other personal items) by giving the holder an affidavit, if the whole estate, after liens and debts, is no more than $100,000 in registered vehicles plus no more than $50,000 in other personal property, and no personal representative has been requested or appointed anywhere. The court's form is the Affidavit for Collection of Personal Property of Decedent (P-110). It cannot be used if the decedent owned real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed. Re-verified 2026-10-27. |
| Deadline for creditor claims | Creditors must present claims within four months after the first publication of the notice to creditors. If no notice is published, claims that arose before death are barred three years after death. Re-verified 2026-10-27. Source: AS 13.16.450, 13.16.460 |
| Who can be executor | Priority for appointment: the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, and, 45 days after death, any creditor. A person under 19, or one the court finds unsuitable, cannot serve. The statute sets no Alaska residency requirement. A bond is required unless the will waives it, the heirs or beneficiaries file written waivers, or the personal representative is a qualified corporate fiduciary; the court can also excuse or change the bond. Re-verified 2026-10-27. |
| Finding probate court records | Probate cases are generally handled by the Superior Court, filed in the judicial district where the person lived when they died. Once an original will is filed it becomes a permanent part of the court file. The Alaska Court System's public case search (CourtView, records.courts.alaska.gov) lets the public search trial court cases; some case records are not shown online or are removed after a period set by law or court rule. Case search: https://courts.alaska.gov/main/search-cases.htm |
Deeds and transferring a house
| Signing and recording a deed | A deed for Alaska land must be acknowledged before a notary or other authorized officer (or proved as the statutes allow). To be recorded, it must have original signatures, a title, the name and address for return, the mailing addresses of all grantors and grantees, the name of the recording district, and the recording fee. Deeds are recorded with the state recorder's office for the recording district where the land is located. Recording fees are set by regulation. Re-verified 2026-10-27. Source: AS 34.15.150, 40.17.030 |
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| Transfer-on-death deed | Yes. An owner can transfer real estate at death by a transfer-on-death deed. The owner needs the same capacity as for a will. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, not name beneficiaries only as a class, and be recorded before the owner's death in the recording district where the property is located. Notice to or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument. Re-verified 2026-10-27. Source: AS 13.48.010-13.48.070 |
Power of attorney and health care directives
| Financial power of attorney | Alaska has a statutory form power of attorney. A power of attorney signed in Alaska must be signed by the principal (or by another person at the principal's direction if the principal is physically unable to sign) and acknowledged before a notary or other authorized officer. It survives the principal's incapacity only if it says so, for example that it 'shall not be affected by the subsequent incapacity of the principal,' or that it becomes effective on incapacity. Re-verified 2026-10-27. |
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| Health care directive | An adult may give health care instructions (orally or in writing) and may sign a durable power of attorney for health care. The power of attorney must be in writing, dated, signed, and either signed by two witnesses personally known to the person or acknowledged before a notary in Alaska. The agent and health care staff at the person's facility cannot be witnesses, and at least one witness must be neither a relative nor someone who would inherit. The agent's authority starts when the person is found to lack capacity unless the document says otherwise. Re-verified 2026-10-27. Source: AS 13.52.010 |
| Official power of attorney forms | Alaska has a statutory form power of attorney for financial matters based on AS 13.26.600-965. The Alaska Court System's self-help center posts a Power of Attorney booklet and form (provided by Alaska Legal Services Corporation); you choose which powers (A-N) to grant and whether the power of attorney is durable, and it must be signed in front of a notary. Health care decisions are not covered by this form: a separate Alaska Advance Health Care Directive form (AS 13.52) is used to name a health care agent and give instructions, and the court's self-help page links to it as well. Self-help page with both forms: https://courts.alaska.gov/shc/family/poa.htm |
Estate and inheritance tax
| State estate or inheritance tax | No Alaska estate tax is due in practice. Alaska's estate tax equals the federal credit for state death taxes, which no longer exists under federal law. Alaska has no inheritance tax. The statute ties the tax to the federal credit; confirm with the Alaska Department of Revenue for a specific estate. Re-verified 2026-10-27. Source: AS 43.31.011 |
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Planning documents and avoiding probate
| Living will / advance directive | Alaska uses an "advance health care directive." An adult may give individual health care instructions, which may be oral or written and may be limited to take effect only if a stated condition arises. The statute includes an optional sample Advance Health Care Directive form that may be copied, modified, or replaced by another form that meets the law, including the mandatory witnessing rules. When a written directive includes a durable power of attorney for health care, it must be dated, signed, and either witnessed by two adults personally known to the person or acknowledged before a notary in Alaska. Re-verified 2026-10-27. Source: AS 13.52.010, 13.52.300 |
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| Medical power of attorney | Alaska calls it a "durable power of attorney for health care." It may let the agent make any health care decision the person could make and stays in effect after incapacity. It must be in writing, dated, signed by the principal, and either signed by two witnesses personally known to the principal or acknowledged before a notary public in Alaska. The agent, and health care providers or employees at the facility where the person receives care, cannot be witnesses, and at least one witness must be neither a relative nor someone who would inherit. Unless related to the principal, the agent cannot be an owner, operator or employee of the facility where the principal receives care. The agent's authority starts only when the principal is found to lack capacity unless the document says otherwise. The optional statutory form covers this appointment. Re-verified 2026-10-27. Source: AS 13.52.010, 13.52.300 |
| Revocable living trust | Alaska has not adopted the Uniform Trust Code; trusts are governed by AS 13.36 (Alaska's trust administration statutes). A revocable trust can be changed or revoked by substantially following the method in the trust, or by a signed writing (not a will) delivered to the trustee during the settlor's lifetime, unless the trust makes its own method exclusive. The trustee of a trust administered in Alaska has a statutory duty to register the trust with the court at its principal place of administration. Assets must be retitled to the trustee to be governed by the trust; trust assets pass under the trust terms without probate, while assets left outside the trust may still need probate or a small estate procedure. Re-verified 2026-10-27. Source: AS 13.36.005, 13.36.340 |
| Ways to avoid probate | Non-probate options in Alaska include: transfer-on-death deeds for real estate, recorded before death (AS 13.48.010-13.48.070); payable-on-death and joint survivorship bank accounts, which belong to the surviving party or POD payee (AS 13.33.212); transfer-on-death registration of securities and brokerage accounts (AS 13.33.301 and following); property in a funded revocable trust (AS 13.36.340); and the small estate affidavit for up to $100,000 in vehicles plus $50,000 in other personal property (AS 13.16.680). Re-verified and corrected 2026-10-27. |
Executors and heirs
| Executor's duties | On appointment, the personal representative publishes a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the judicial district; creditors have four months after first publication to present claims. Within three months after appointment, the personal representative prepares an inventory of the decedent's property with fair market values as of the date of death and any encumbrances, sends a copy to interested persons who ask, and may file it with the court. The representative then pays allowed claims, distributes the estate, and closes it (by court order or, in many estates, a sworn closing statement). Re-verified 2026-10-27. |
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| Letters testamentary | Probate is handled by the Alaska Superior Court. An interested person may file a verified application for informal probate or informal appointment with the probate registrar, or a petition for formal (court-supervised) proceedings. The application lists the decedent's name, age, date of death and domicile and the names and addresses of the spouse, children, heirs and devisees; the original will is filed with it. After appointment and acceptance, the court issues letters (letters testamentary when there is a will, letters of administration when there is not). A bond is required unless the will waives it, the heirs or devisees waive it in writing, or the court excuses it. Most proceedings must start within three years after death. Re-verified 2026-10-27. |
| Affidavit / determination of heirship | No statute. Alaska has no statutory affidavit of heirship for real estate. Heirs are determined in a probate proceeding in the superior court. The small estate affidavit cannot be used for real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed. Re-verified 2026-10-27. Source: AS 13.16.680 |
| Transferring a car after death | Through the Alaska Division of Motor Vehicles. If the vehicle was jointly owned with "OR," the surviving owner can release the title with no documents about the deceased. If owned solely or jointly with "AND," the vehicle is part of the estate: only the court-appointed representative can transfer it, using Letters Testamentary, Letters of Administration or a Letter of Appointment (any surviving "AND" owners must also sign). If the estate qualifies as a small estate (vehicle assets of $100,000 or less and other personal property of $50,000 or less), the successor may use the notarized Affidavit for an Estate with Assets of $150,000 or Less (Form 827) at least 30 days after death, if no probate has been filed; the VIN must be written on the original affidavit. All transfers need Form V1 (Vehicle Transaction Application); a lost title requires Form 809 and a duplicate title first. |
Official Alaska forms
- Affidavit for Collection of Personal Property of Decedent (P-110)
- Sworn Statement of Personal Representative Closing Small Estate (P-350)
- Statutory Form Power of Attorney (text in statute)
- Advance Health Care Directive optional form (text in statute, AS 13.52.300)
- Affidavit for Collection of Personal Property of Decedent (P-110)
- Alaska DMV deceased owner instructions (Forms V1, 827, 809)
Alaska court self-help: probate and estates
Probate court and deed recording by county
Alaska estate law FAQ
What makes a will valid in Alaska?
Anyone 18 or older who is of sound mind may make a will. A witnessed will must be in writing, signed by the will-maker (or by another person in the will-maker's name, in their conscious presence and at their direction), and signed by at least two witnesses, each signing within a reasonable time after seeing the signing or the will-maker's acknowledgment of the signature or the will.
Is a handwritten will valid in Alaska?
Yes. A will that does not meet the witness rules is valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the will-maker's handwriting.
Does a will need to be notarized in Alaska?
Yes. A will can be made self-proved when it is signed, or at a later time, by the will-maker's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths. The statute gives the certificate wording.
Who inherits if someone dies without a will in Alaska?
Surviving spouse: everything if the decedent left no descendants and no parent, or if all the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $200,000 plus three-fourths of the rest if a parent survives but no descendants; the first $150,000 plus half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $100,000 plus half of the rest if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. Special rules apply to Alaska Native Claims Settlement Act corporation stock.
What is a surviving spouse entitled to in Alaska?
The surviving spouse of a decedent who lived in Alaska may elect to take one-third of the augmented estate (which includes certain non-probate transfers), with a supplemental amount that brings the spouse's total up to $50,000 if needed. The spouse must file a petition within nine months after death or six months after the will is probated, whichever is later; the court can extend the time on a petition filed within nine months.
What is the small estate limit in Alaska?
Thirty days after death, a successor can collect the decedent's personal property (money owed, bank accounts, stock and other personal items) by giving the holder an affidavit, if the whole estate, after liens and debts, is no more than $100,000 in registered vehicles plus no more than $50,000 in other personal property, and no personal representative has been requested or appointed anywhere. The court's form is the Affidavit for Collection of Personal Property of Decedent (P-110). It cannot be used if the decedent owned real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed.
Is there a simplified probate process in Alaska?
If the inventory shows the estate is worth no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate right away without notice to creditors and close it by filing a sworn closing statement (form P-350). The personal representative's appointment ends one year after the statement is filed if nothing is pending.
How does probate work in Alaska?
Probate is handled by the superior court. Most proceedings must start within three years after death. The main steps are: application for informal probate or petition for formal probate and appointment of a personal representative; letters issued; publishing notice to creditors once a week for three weeks; preparing an inventory within three months after appointment (sent to interested persons who ask, and optionally filed with the court); paying claims and distributing the estate; and closing.
How long do creditors have to file claims against an estate in Alaska?
Creditors must present claims within four months after the first publication of the notice to creditors. If no notice is published, claims that arose before death are barred three years after death.
Who can be an executor in Alaska?
Priority for appointment: the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, and, 45 days after death, any creditor. A person under 19, or one the court finds unsuitable, cannot serve. The statute sets no Alaska residency requirement. A bond is required unless the will waives it, the heirs or beneficiaries file written waivers, or the personal representative is a qualified corporate fiduciary; the court can also excuse or change the bond.
Does Alaska allow transfer-on-death deeds?
Yes. An owner can transfer real estate at death by a transfer-on-death deed. The owner needs the same capacity as for a will. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, not name beneficiaries only as a class, and be recorded before the owner's death in the recording district where the property is located. Notice to or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument.
What does a quitclaim deed need to be valid in Alaska?
A deed for Alaska land must be acknowledged before a notary or other authorized officer (or proved as the statutes allow). To be recorded, it must have original signatures, a title, the name and address for return, the mailing addresses of all grantors and grantees, the name of the recording district, and the recording fee. Deeds are recorded with the state recorder's office for the recording district where the land is located.
What are the requirements for a power of attorney in Alaska?
Alaska has a statutory form power of attorney. A power of attorney signed in Alaska must be signed by the principal (or by another person at the principal's direction if the principal is physically unable to sign) and acknowledged before a notary or other authorized officer. It survives the principal's incapacity only if it says so, for example that it 'shall not be affected by the subsequent incapacity of the principal,' or that it becomes effective on incapacity.
What are the requirements for a health care directive in Alaska?
An adult may give health care instructions (orally or in writing) and may sign a durable power of attorney for health care. The power of attorney must be in writing, dated, signed, and either signed by two witnesses personally known to the person or acknowledged before a notary in Alaska. The agent and health care staff at the person's facility cannot be witnesses, and at least one witness must be neither a relative nor someone who would inherit. The agent's authority starts when the person is found to lack capacity unless the document says otherwise.
Does Alaska have an estate or inheritance tax?
No Alaska estate tax is due in practice. Alaska's estate tax equals the federal credit for state death taxes, which no longer exists under federal law. Alaska has no inheritance tax.
How do I make a living will in Alaska?
Alaska uses an "advance health care directive." An adult may give individual health care instructions, which may be oral or written and may be limited to take effect only if a stated condition arises. The statute includes an optional sample Advance Health Care Directive form that may be copied, modified, or replaced by another form that meets the law, including the mandatory witnessing rules. When a written directive includes a durable power of attorney for health care, it must be dated, signed, and either witnessed by two adults personally known to the person or acknowledged before a notary in Alaska.
How do I make a medical power of attorney in Alaska?
Alaska calls it a "durable power of attorney for health care." It may let the agent make any health care decision the person could make and stays in effect after incapacity. It must be in writing, dated, signed by the principal, and either signed by two witnesses personally known to the principal or acknowledged before a notary public in Alaska. The agent, and health care providers or employees at the facility where the person receives care, cannot be witnesses, and at least one witness must be neither a relative nor someone who would inherit. Unless related to the principal, the agent cannot be an owner, operator or employee of the facility where the principal receives care. The agent's authority starts only when the principal is found to lack capacity unless the document says otherwise. The optional statutory form covers this appointment.
How do living trusts work in Alaska?
Alaska has not adopted the Uniform Trust Code; trusts are governed by AS 13.36 (Alaska's trust administration statutes). A revocable trust can be changed or revoked by substantially following the method in the trust, or by a signed writing (not a will) delivered to the trustee during the settlor's lifetime, unless the trust makes its own method exclusive. The trustee of a trust administered in Alaska has a statutory duty to register the trust with the court at its principal place of administration. Assets must be retitled to the trustee to be governed by the trust; trust assets pass under the trust terms without probate, while assets left outside the trust may still need probate or a small estate procedure.
What does an executor have to do in Alaska?
On appointment, the personal representative publishes a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the judicial district; creditors have four months after first publication to present claims. Within three months after appointment, the personal representative prepares an inventory of the decedent's property with fair market values as of the date of death and any encumbrances, sends a copy to interested persons who ask, and may file it with the court. The representative then pays allowed claims, distributes the estate, and closes it (by court order or, in many estates, a sworn closing statement).
How do I get letters testamentary in Alaska?
Probate is handled by the Alaska Superior Court. An interested person may file a verified application for informal probate or informal appointment with the probate registrar, or a petition for formal (court-supervised) proceedings. The application lists the decedent's name, age, date of death and domicile and the names and addresses of the spouse, children, heirs and devisees; the original will is filed with it. After appointment and acceptance, the court issues letters (letters testamentary when there is a will, letters of administration when there is not). A bond is required unless the will waives it, the heirs or devisees waive it in writing, or the court excuses it. Most proceedings must start within three years after death.
Does Alaska have an affidavit of heirship?
No statute. Alaska has no statutory affidavit of heirship for real estate. Heirs are determined in a probate proceeding in the superior court. The small estate affidavit cannot be used for real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed.
How can you avoid probate in Alaska?
Non-probate options in Alaska include: transfer-on-death deeds for real estate, recorded before death (AS 13.48.010-13.48.070); payable-on-death and joint survivorship bank accounts, which belong to the surviving party or POD payee (AS 13.33.212); transfer-on-death registration of securities and brokerage accounts (AS 13.33.301 and following); property in a funded revocable trust (AS 13.36.340); and the small estate affidavit for up to $100,000 in vehicles plus $50,000 in other personal property (AS 13.16.680).
Where can I get a power of attorney form in Alaska?
Alaska has a statutory form power of attorney for financial matters based on AS 13.26.600-965. The Alaska Court System's self-help center posts a Power of Attorney booklet and form (provided by Alaska Legal Services Corporation); you choose which powers (A-N) to grant and whether the power of attorney is durable, and it must be signed in front of a notary. Health care decisions are not covered by this form: a separate Alaska Advance Health Care Directive form (AS 13.52) is used to name a health care agent and give instructions, and the court's self-help page links to it as well.
How do I search probate court records in Alaska?
Probate cases are generally handled by the Superior Court, filed in the judicial district where the person lived when they died. Once an original will is filed it becomes a permanent part of the court file. The Alaska Court System's public case search (CourtView, records.courts.alaska.gov) lets the public search trial court cases; some case records are not shown online or are removed after a period set by law or court rule.
How do I transfer a car title after someone dies in Alaska?
Through the Alaska Division of Motor Vehicles. If the vehicle was jointly owned with "OR," the surviving owner can release the title with no documents about the deceased. If owned solely or jointly with "AND," the vehicle is part of the estate: only the court-appointed representative can transfer it, using Letters Testamentary, Letters of Administration or a Letter of Appointment (any surviving "AND" owners must also sign). If the estate qualifies as a small estate (vehicle assets of $100,000 or less and other personal property of $50,000 or less), the successor may use the notarized Affidavit for an Estate with Assets of $150,000 or Less (Form 827) at least 30 days after death, if no probate has been filed; the VIN must be written on the original affidavit. All transfers need Form V1 (Vehicle Transaction Application); a lost title requires Form 809 and a duplicate title first.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.