What Is an Alaska Quitclaim Deed?
An Alaska quitclaim deed transfers property interests between a grantor and a grantee without providing ownership guarantees. It does not make any promises about the title’s validity or the absence of liens.
The grantor and the grantee use this deed in low-risk transfers when they already know the status of the title. It’s commonly used in divorces, transfers between family members, or situations when the parties need to fix a title error (such as a misspelling).
An Alaska quitclaim deed does not affect the mortgage. The original borrower remains responsible for paying it off.
If you want to transfer a property that’s guaranteed to be lien-free, use a warranty deed instead.
What to Include in an Alaska Quitclaim Deed
AK Stat § 34.15.040 provides a form for a quitclaim deed. Yours may be substantially similar to be legally effective. The statutory form includes the following elements:
- Name and address of grantor(s)
- Amount of consideration paid for the property transfer
- Grantee’s name(s)
- The legal description of the property
- Date of property conveyance
- Statement that the deed conveys and quitclaims to the grantee all interests the grantor has in the described real estate
Alaska public records and recording guidelines also require quitclaim deeds to include the following information:
- Addresses: In addition to the grantor’s address, be sure to include the address where the recorder should send the original deed once registered.
- Corrections and amendments: Mention if the deed is to amend, correct, or otherwise alter a previously recorded document. Include identifying information for the previously recorded document, such as the document book, page number, or serial number.
- Recording district: Clearly detail the district where the deed will be recorded.
Alaska Quitclaim Deed Sample
View an example of an Alaska quitclaim deed to see how to convey an Alaskan property without warranties. Then, create your own using Legal Templates’s guided form. Download a final version in PDF or Word format.
Formatting Requirements for an Alaska Quitclaim Deed
To be valid for recording, quitclaim deeds must meet the following requirements per AK Stat § 40.17.030:
- Printed: All quitclaim deeds must be typed or printed on white paper with dark ink in a 10-point or greater font.
- Legible: The form must have clear text that is easy to read and copy. There must be sufficient contrast between the text and background for a copier to make a legible copy.
- Language: The document should be written in English.
- Signatures: The deed must include original signatures. Electronic signatures are acceptable in deeds submitted electronically.
- Notarized: All quitclaim deeds must be signed by all grantors in the presence of a duly appointed notary.
- Spouse signature: Both spouses must sign the deed if the property being conveyed is a co-owned homestead property.
How to File a Quitclaim Deed in Alaska
Filing your Alaska quitclaim deed correctly is key to making the property transfer official. Follow these steps to complete, sign, and record your document with confidence.
Step 1 – Get a Copy of the Property Deed
Obtain the deed for the real estate property you plan to transfer with your Alaska quitclaim deed. The property deed has important information you need to complete your quitclaim form, including the legal property description.
Step 2 – Identify Your DNR Recording District
The Alaska Department of Natural Resources (DNR) website helps you search for which district the property is located in. Contact the office to learn about specific filing requirements, additional documents, and filing fees.
If your property is in multiple districts, you should contact all recording district offices to ensure you meet all applicable recording requirements.
Step 3 – Complete the Document
Fill out your Alaska quitclaim deed form with all of the details related to the relevant property and the parties involved. Legal Templates’s guided questionnaire makes it easy, ensuring you include all essential information.
Step 4 – Sign Before a Notary
Per AK Stat § 34.15.150, all property conveyances, including quitclaim deeds, must be signed by the grantor and notarized. If the house is co-owned by a couple and is used as a homestead property, both spouses must sign for the deed to be valid.
Step 5 – File the Deed With the Appropriate Recording District
All real estate transfer documents must be registered with the Alaska DNR recording district where the property is located. Each recording district has different requirements for forms, fees, formatting, and additional information.
If the property exists in multiple recording districts, you can file an original conveyance or electronic version in one recording district and an original, certified copy, or electronic version in each other district where the property exists. Certified copies and electronic versions have the same effect as the original from the time they are recorded.
How Much Does a Quitclaim Deed in Alaska Cost?
Being aware of Alaska’s filing fees and potential tax considerations can help you avoid surprises and finalize your property transfer smoothly.
Filing Fees
When you record your quitclaim deed, the recording district will charge a fee for the service. Filing fees are as follows:
- First page: $20.
- Second and subsequent pages: $5 each.
- Indexing fee: $2 for each name and location.
- Plat recording fee: $20 first sheet, $5 for each subsequent page.
- Certified copies: $5 per document.
Additional fees may apply if your quitclaim deed does not meet the required standards established under 11 AK Admin Code § 06.040.
Taxes
The state does not charge a stamp tax or transfer tax for real estate transfers. You may, however, be liable for federal taxes as follows:
1. US Gift Tax
Alaska does not impose a gift tax for real property transfers, but the federal government will charge one for properties transferred without monetary consideration. In that case, the grantor must file Form 709 with their annual income taxes.
The federal government establishes monetary exemptions each year for the gift tax. In addition, you may not owe gift tax if your quitclaim deed transfers property to a spouse or to a trust. Consider consulting with a tax professional to determine how much you may owe.
2. Capital Gains Tax
There is no capital gains tax imposed by the state, so you only have to consider it when filing your federal taxes. Capital gains refer to the amount of money the grantor earns from the real estate transfer on the quitclaim deed. Federal capital gains tax rates are based on your overall taxable income. The IRS also considers whether your net capital gain or loss is long-term or short-term.
The grantor can use Form 8949 to calculate capital gains tax and then input the amount using Schedule D (Form 1040) and file with their annual income tax.