How to Avoid Probate in Alaska
The legal ways to pass property outside probate in Alaska: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options in Alaska include: transfer-on-death deeds for real estate, recorded before death (AS 13.48.010-13.48.070); AS 13.48.010-13.48.070, 13.33.212, 13.33.301, 13.36.340, 13.16.680
| 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. |
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| 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. |
| 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 |
More Alaska estate law
- Medical Power of Attorney in Alaska
- Small Estate Affidavit in Alaska
- Power of Attorney in Alaska
- Quitclaim Deeds and Transferring Property in Alaska
- Who Inherits If You Die Without a Will in Alaska
- How to Make a Valid Will in Alaska
- How Probate Works in Alaska
- Living Wills and Advance Directives in Alaska
- Revocable Living Trusts in Alaska
- Executor Duties in Alaska
- Letters Testamentary in Alaska
- Affidavit of Heirship in Alaska
- Transferring a Car After Someone Dies in Alaska
- All Alaska wills, probate and estate rules
FAQ
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).
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.
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.
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.