How to transfer real property ownership after a spouse’s death — practical steps for Alaska
This FAQ-style guide explains the common steps people in Alaska must take to have real property titled in a child’s name after a spouse dies. This is general information only and is not legal advice. Consult a licensed Alaska attorney for case-specific guidance.
Short answer — what usually must happen
The exact steps depend on how the property was titled before the death. If the surviving spouse (or someone else) already owned the property as a joint owner with survivorship rights, ownership usually passes automatically on death and you typically record a death certificate or a short affidavit to update the public record. If the deceased spouse was the sole owner (or the transfer-on-death/beneficiary document is not in place), the property generally must pass through probate (or another lawful transfer process) before you can record a deed transferring title to a child.
Step-by-step checklist (typical)
- Obtain a certified copy of the death certificate. You will need certified copies for the recorder’s office, the probate court, mortgage lender, and other agencies.
- Determine how the property is titled now.
- Get a certified copy of the current recorded deed from the local recorder’s office (borough/city recording office in Alaska).
- Look for language such as “joint tenants with right of survivorship,” “tenants by the entirety,” “and,” “or,” or a named beneficiary (a transfer-on-death or beneficiary deed). How title is worded controls the next steps.
- If the title already provides survivorship (joint tenancy or tenancy by the entirety).
- Ownership typically passes automatically to the surviving owner. To update public records, record a certified death certificate and any local affidavit form the recorder’s office requires (often called an Affidavit of Surviving Joint Owner or similar).
- After recording, the surviving owner can then prepare and record a new deed transferring the property to the child (a warranty deed, quitclaim deed, or personal representative’s deed if required), signed and notarized as required by Alaska recording rules.
- If the deceased spouse owned the property in her sole name (no survivorship or beneficiary deed).
- You will most often need to open a probate case in the Alaska superior court to have a personal representative appointed and to obtain authority (letters testamentary or letters of administration) to transfer the real property.
- The personal representative (executor/administrator) uses that authority to execute and record a deed transferring title to the heir or beneficiary (your child).
- If there is a small-estate procedure that applies to real property in Alaska, it is limited; many small‑estate affidavits only cover personal property, not real estate. In practice, real property almost always requires probate unless title already passes outside probate.
- If there is a valid beneficiary deed, transfer-on-death deed, or other non-probate instrument.
- Follow the instructions in that instrument. Many beneficiary or transfer-on-death deeds become effective on the owner’s death and must be recorded with a certified death certificate to show the beneficiary’s title.
- Prepare the deed to transfer title to your child.
- Who signs the deed depends on how title passes: the surviving owner signs if they are gifting/transferring; the personal representative signs if probate is used.
- Deeds must be properly drafted, signed, notarized, and contain a correct legal description of the property. Confirm required wording and notary rules with local recorder’s office or an attorney.
- Record the deed and supporting documents with the local recorder.
- Recording is done at the local borough or city recorder’s office in Alaska (there is no single statewide county recorder). Bring the deed, certified death certificate (if applicable), letters testamentary (if probate), and any affidavits the recorder requires. Pay recording fees and any applicable transfer taxes.
- Notify mortgage lenders and update tax records.
- If the property has a mortgage, notify the lender and work with them — the loan may require payoff or assumption before a title change is accepted.
- Update the assessor’s records so property tax bills go to the new owner.
- Keep originals and get certified copies of recorded documents. You will want certified copies of the recorded deed, letters testamentary (if used), and the recorded death certificate for future title or tax matters.
Common scenarios — what to expect
- Property titled as joint tenants or tenants by the entirety with spouse: Usually easiest — surviving owner records death certificate and then deeds to child if desired.
- Property titled solely in deceased spouse’s name with a will: The executor named in the will must open probate and transfer title through the probate process.
- Deceased spouse died intestate (no will): The court appoints an administrator and Alaska intestacy rules determine heirs; probate administration is normally required to transfer title to the child.
- There is a mortgage or lien: Liens remain on the property until satisfied. The mortgage lender’s policies may affect the timing and method of transfer.
Helpful hints
- Start by getting a certified copy of the death certificate from the state or local vital records office.
- Obtain a current copy of the recorded deed from the local recorder’s office; read the exact ownership language.
- Call the local recorder (borough/city) before you go. Ask what documents and fees they require to update title after a death and what forms they accept for affidavits or survivor recordings.
- If you expect to use probate, contact the Alaska superior court clerk’s office or a probate attorney about local probate procedures and required forms.
- If a mortgage exists, contact the lender early — they may require payoff, refinance, or loan assumption before title can change.
- Use a correctly prepared deed form. Simple mistakes in legal descriptions, signatures, or notarization can delay recording and create title problems.
- Consider title insurance: after the deed is recorded in the child’s name, a new owner’s title insurance policy will help protect against undisclosed claims.
- When in doubt, hire a licensed Alaska probate or real estate attorney to prepare the deed, open probate if needed, or to explain tax and creditor consequences.
Where to find official Alaska resources
- Alaska Legislature (state statutes and general law information): https://www.akleg.gov
- Alaska Court System (probate court information and local court contacts): https://courts.alaska.gov
- Your local borough or city recorder/assessor office — search the borough or municipality website for recording requirements and fees.