Estates Under $150,000 | Requirements | Wills

The laws and procedures on probate matters can be very complex and this occurs at a difficult time for the survivors. Be as sensitive as possible to the survivors, and refrain from giving legal advice. Refer the person to the probate section of the court system or to their attorney.

When a vehicle was owned or co-owned by a person who is deceased, additional documentation may be required to transfer the title to another person.

“OR” Conjunction:

• The surviving owner may release the title.
• No further documentation is required in regard to the deceased owner.

“AND” Conjunction or vehicles solely owned by the deceased:

• The vehicle becomes part of the person's estate and the estate must go through formal or informal probate procedure. In the probate proceedings the court or a Probate Master will appoint a person to distribute the assets of the estate. This person could be called the Estate Administrator, the Executor/Executrix of the will or the Personal Representative. The court order authorizing the person to act is called Letters Testamentary, Letters of Administration, or Letter of Appointment.
• A person holding such an authorization from the courts may release the title or complete a lost title affidavit for the deceased in the same manner as a person holding a power of attorney. If the title is lost a duplicate title must be obtained before a transfer may be processed.

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The proper method of release is:

John Brown by James Smith, Executor or
James Smith, Executor of the Estate of John Brown

However, the following is also acceptable:

James Smith, Executor

A WILL THAT HAS NOT BEEN PROBATED OR DECLARED VALID BY AN INFORMAL PROBATE IS NOT A TRANSFERABLE DOCUMENT AND MUST BE FILED WITH THE PROBATE MASTER AT THE COURT.

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ESTATES UNDER $150,000 [AS 13.16.680(a)]

For small estates of $150,000 or less a successor to the deceased owner may obtain title by completing an affidavit in accordance with Alaska Statute. This procedure eliminates the need for probate proceedings and the probate court does not need to sign, issue, record or take any action on the affidavit. The affidavit must state all of the following:

1. The entire estate*, wherever located, less liens and encumbrances, consists only of not more than

2. 30 days have elapsed since the death of the owner.
3. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction
4. The claiming successor is entitled to the vehicle.

*Entire estate means the value of all assets of the individual, not just the value of the vehicle for which they’re completing an affidavit.

ADDITIONAL REQUIREMENTS

• The affidavit must be notarized.
• The original affidavit must be surrendered.
• The vehicle identification number of the vehicle must be written on the affidavit.
• The person completing the affidavit must obtain title in their name prior to selling the vehicle.

The Division is not required to verify the accuracy of the affidavit and is relieved from any liability in issuing the title. A person filing a false affidavit may be accountable to the personal representative of the estate or other person having a superior right to the vehicle.

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APPLICATION REQUIREMENTS

1. A properly completed Application for Title and Registration (Form 812).
2. A properly released title or an Affidavit of Lost, Destroyed or Stolen Title (Form 809).
3. One of the following:

*If an original copy from the court is submitted, make a copy, certify it, and return the original to the customer.

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Cross Reference:

HISTORY:

9/15/08 - Changed from $15,000 to $150,000.  Vehicle value not to exceed $100,000 and other personal property not to exceed $50,000.

7/31/07 - New Form (827) and added third bullet regarding probated will or will declared by informal probate is acceptable. This was effective 7/1/06.

7/1/06 - Regulation change from 13 AAC 70.060 to 02 AAC 92.060.

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