An Alaska quitclaim deed is a critical legal tool for transferring real estate property without a guarantee of ownership. As a legally binding document that conveys real estate, it must be filed with the correct recording office to be valid.
Quitclaim deeds can be used to add or remove spouses, modify joint ownership structures, or transfer ownership to family members, ex-spouses, or beneficiaries. In the case of probate property after the owner’s death, they allow the personal representative to transfer property without the estate being liable for ownership or title issues that may arise.
Legal Framework
AS 34.15.040 allows a holder of state property, the grantor, to convey the property to another party, the grantee, without making any guarantees that the grantor owns the property. The document serves three purposes: transferring property ownership, relinquishing grantor claims, and shielding the grantor from future title or ownership liability.
AS 34.15.050 establishes that a deed of quitclaim and release for the form can convey all real estate that the grantor could transfer with a deed of bargain and sale.
Legal Description
To transfer real property in the state, you must provide a clear legal description of the property being transferred. This may include a street address, lot, or block in a specific city or municipality. For rural properties, the property description may include metes and bounds, meridians, tracts, recorded instruments, or a U.S. government survey description.
Most legal descriptions are laid out in the existing title. You can simply transfer the description into your quitclaim deed.
Signing
Per AS 34.15.150, all property conveyances, including quitclaim deeds, must be signed 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.
All grantors must sign the quitclaim deed in the presence of a notary. Failure to sign with appropriate notarization can void or invalidate the quitclaim deed.
Terminology
Alaska has no required terminology for a quitclaim deed, but they provide recommended language under AS 34.15.040. The form should include the following information:
- 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 interest the grantor has in the described real estate.
Additional Documents
If your quitclaim deed includes references to plats or survey maps in your legal property description, you must include copies of appropriate plats and maps when you file with the local recording office.
Additionally, you will be asked to pay a filing or recording fee when submitting your quitclaim deed for registration. Since the taxes and fees may vary depending on the county or municipality, you can bring a blank check to fill out there.
Filing
All real estate transfer documents must be registered with the Alaska Department of Natural Resources 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.
There are only three recording districts in the state, so you may have to travel a long distance to record the deed. You benefit from contacting the office beforehand to ensure you have the appropriate documentation and payment information.
Validity Requirements
To be valid for recording, quitclaim deeds must meet the following requirements per AS 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 can be easily read or copied. 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.
Content Requirements
Alaska public records and recording guidelines also require quitclaim deeds to include the following information:
- Title: The document should have a clear title indicating that it is a quitclaim deed and reflecting any additional functions.
- Legal property description: Helps to easily identify the property for recording purposes.
- Addresses: In addition to the addresses of grantors and grantees, be sure to include the address where the recorder should send the original deed once registered.
- Consideration: Include the amount paid for the transfer, if applicable.
- Warranty of title: Indicate the transfer details and warranty of title being provided by the grantor.
- 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.
- Indexing information: To facilitate correct document indexing by the recorder, your deed should include the full names of the grantor and grantee, as well as the real estate description.
- Recording district: Clearly detail the district where the deed will be recorded.
Note: Recording districts in Alaska are different from counties or municipalities. Locate your DNR recording district before beginning your quitclaim deed filing so you don’t overlook important fees and information.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Conveys real estate property without title or ownership guarantees. The grantor is not liable for any problems that arise with the title and the grantee cannot sue them for such issues. |
| General Warranty Deed | Transfers real estate to the grantee free and clear and guarantees there are no other interests or encumbrances on the property. The grantor is responsible for resolving issues with title or ownership. |
| Special Warranty Deed | Conveys real property with the guarantee that title issues or defects did not arise while they were the owner. They don't take responsibility for any title or ownership issues from before. |
| Transfer on Death Deed | As part of an estate plan, a transfer on death deed allows the grantor to convey property to one or more beneficiaries upon the owner’s death, per AS 13.48.010. |
| Title Insurance | Helps mitigate the cost of any title issues that arise following the transfer of real estate to the grantee for a premium. |
| Joint Ownership | Allows the owner to co-own a property with someone else while they are alive. When one owner dies, their interest in the property automatically transfers to the surviving co-owner. |
