Alaska Quit Claim Deed Form
The Alaska Quit Claim Deed is the official state deed form for transferring the ownership of a property from one person to another and for fixing defects in a title. With the document, the person transferring the property (the “grantor”) does not need to clarify their ownership of the property. This makes the form easier to use, yet more of a liability when compared to other deed types. In the words of Alaska’s laws pertaining to deeds (AS 34.15.050), these forms are “sufficient to pass all the real estate which the grantor can convey by a deed of bargain and sale.” A common situation in which the form is utilized is when a property needs to be transferred into a living trust.
Age requirement (Sec. 34.15.010(a)): The grantor must be a minimum eighteen (18) years old. Alternatively, the deed may be carried out by the grantor’s lawful agent or attorney.
Spousal considerations (Sec. 34.15.010(b)(c)): If the property stated in the form is the family home or homestead of a married man or a married woman, their spouse must also be a party to the deed. This, however, will not establish a proprietary right, title, or interest in the spouse should one not already exist.
Use of recorded master form (Sec. 34.15.015): If the deed makes mention of a recorded master form, all parties must be provided with either a copy of the form or a copy of the referenced section.
Required Fields (Sec. 34.15.040): Chapter 15 of the AK Statutes provides guidance for the contents required of the form. The following, at a minimum, must be included in the deed:
- The grantor’s name and place of residence.
- The consideration (payment) of the grantor.
- The grantee’s name.
- A description of the real estate.
- The date of the form’s execution.
According to AS 34.15.150, it is mandatory for the recorded signatures to either be:
a) Proven by a subscribing witness
Proof that the deed was lawfully executed can be made by one (1) witness before an authorized officer who can take acknowledgments. The witness must state their address and the fact that they personally know the grantor.
b) Lawfully acknowledged
Acknowledgment must be performed by a party who is authorized under AS 09.63.010 to make acknowledgments.
In addition to a Notary Public, the following parties have the authority to acknowledge the form:
- A justice, judge, magistrate, clerk, or deputy clerk of a court of Alaska or the US.
- A United States postmaster.
- A commissioned officer under AS 09.63.050(4).
- A municipal clerk carrying out the clerk’s duties under AS 29.20.380.
- The lieutenant governor when carrying out their duties under AS 24.05.160.
- The presiding officer of each legislative house when carrying out the officer’s duties under AS 24.05.170.
How to File a Quit Claim Deed in Alaska
To file a quit claim deed in Alaska, the form needs to be recorded at the District Recorder’s Office. The office will charge a recording fee, so it is important to come prepared to make the required payment. The office’s fee schedule can be referred to in order to determine how much may be charged.
It is strongly recommended that the grantee files the deed immediately after it is executed to avoid complications. As stipulated by AS 40.17.080, Alaska adheres to what is termed a “race-notice statute.” In other words, the deed that is recorded first will be prioritized, so long as the party filing the form did not have prior notice of the existence of a pre-existing deed.
As an example, consider the following scenario. Imagine if a party (“Entity A”) lawfully establishes a quit claim deed regarding a piece of real estate but does not file it. Following this, another party (“Entity B”) lawfully establishes a deed regarding the same piece of real estate but does file it. Entity B is completely unawares of Entity A’s original claim to the property due to the fact that they did not record the deed. Due to Alaska’s race-notice statute, Entity B’s claim will override Entity A’s claim.