Transferring Real Property by Probate Without Full Administration in Alaska — FAQ

Detailed answer — How a streamlined probate (probate without full administration) can transfer real property in Alaska

Alaska law provides streamlined procedures to admit a will to probate and to transfer real property to devisees when the estate does not require full administration. These procedures shorten court involvement, can avoid appointing a full personal representative, and allow title to real property to pass to the beneficiaries named in the will once the court acts.

Key principles:

• Purpose: The streamlined probate process exists for estates where there is little or no personal property requiring administration, where creditors can be handled by simple notice, or where a formal administration is unnecessary to transfer real property that the decedent owned outright.
• Court role: A superior court judge reviews the petition and the original will, confirms the will’s validity, and issues an order admitting the will to probate. The order can confirm who is entitled to the decedent’s real property and can authorize transfer steps.
• Effect on title: A certified copy of the court’s order admitting the will and identifying the devisees typically must be recorded with the appropriate recorder’s office (land records) in the borough or recording district. Recording the probate order creates the public record the title examiner or county recorder needs to update title or permit a deed from the devisee to a buyer.

Typical steps in Alaska (general overview):

1. Locate the original will and the decedent’s certified death certificate.
2. File a probate petition in the Alaska Superior Court in the judicial district where the decedent lived. The petition asks the court to admit the will to probate and, if appropriate, to proceed without formal administration or with limited procedures. Include the original will as an exhibit.
3. Provide required notice. The court will require notice to heirs, beneficiaries, and possibly creditors. Alaska statutes and court rules set notice content and timing. The notice period gives interested parties a chance to object.
4. If no objection and the judge is satisfied, the court issues an order admitting the will to probate and identifying the persons entitled to the real property. In a simplified case, the court may not appoint a full personal representative or require bond.
5. Obtain a certified copy of the court’s probate order. Record that certified order (or an exemplified copy if required) with the recorder’s office for the land where the property is located. The recorder uses that order as the basis to update title records and enable a deed transferring title from the estate to the devisee(s).
6. The devisee typically executes and records a deed conveying title into his/her name. If the court ordered a limited authority or appointment, follow those terms (for example, a nominated executor might be authorized to execute the deed).

When this approach is appropriate (examples):

• The decedent owned real estate but little or no personal property and no complex creditor issues exist.
• All potential heirs and beneficiaries agree to the procedure and do not contest the will.
• No litigation or substantial outstanding debts require full administration to resolve.

When full administration is needed instead:

• The estate has significant personal property that must be marshaled and sold to pay debts.
• Creditors’ claims or potential disputes require a formal inventory and creditor notice period.
• There are contested issues over the validity of the will or who should receive property.

Where to look in Alaska law: Alaska’s statutes governing probate and estates appear under Title 13 (Probate, Estates). For background on statutory provisions and procedural requirements, consult the Alaska Statutes, Title 13: https://www.akleg.gov/basis/statutes.asp#13. The Alaska Court System also provides probate guidance for self-represented litigants: https://courts.alaska.gov/shc/probate/.

Timing and costs: A streamlined probate can take less time than full administration, but notice and any creditor timelines still apply. Expect at least several weeks to a few months in simple, uncontested cases. Court filing fees, probate record fees, certified copies, and recorder fees are typical costs. If title companies become involved (for sale or refinance), they may require additional documentation or a court order clarifying marketable title.

Practical concerns when transferring real property after streamlined probate:

• Mortgages and liens: A devisee receives property subject to existing mortgages or liens. Verify payoff and lien release procedures before completing a sale.
• Recording the probate order: Use a certified/exemplified copy of the court order, as the recorder may require it to change ownership records.
• Title insurance and quiet title: Title companies sometimes request additional steps (e.g., title opinion, additional court findings) to insure title; in some contested or older-title situations, a quiet-title action may be necessary.

Helpful hints

• Start by securing the original will and a certified death certificate. The court will need originals or certified copies.
• Check whether the decedent’s property passed automatically (joint tenancy, payable-on-death, beneficiary deed). If so, probate may not be necessary for that property.
• File the probate petition in the Alaska Superior Court where the decedent lived. The Alaska Court System’s probate page has forms and local contact info: https://courts.alaska.gov/shc/probate/.
• Give clear, timely notice to known heirs and beneficiaries. Proper notice reduces the chance of later challenges that can cloud title.
• Obtain certified copies of any court orders you will record. The local recorder often requires certified or exemplified copies to change real property records.
• Contact the recorder/land records office where the property sits before recording. Ask about required forms, recording fees, and whether they require an exemplified probate order.
• If you plan to sell the property, check with prospective buyers’ title companies early. They can tell you what documentation they need to insure the transaction.
• Consider at least a brief consult with an Alaska probate or real estate attorney if you encounter liens, mortgage issues, missing heirs, or will contests. Even a short consult can avoid costly errors.