An Alaska quitclaim deed is used to transfer property interests between a grantor and a grantee. The document provides no ownership guarantee. Both parties should carefully consider the laws and requirements to ensure they are properly protected during property transfer.
How to File
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 the 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 DNR website helps you search 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 can meet all the appropriate recording requirements.
Step 3: Complete the Document
Fill in the details of your transaction, including:
- Names and addresses of grantors and grantees.
- Legal property description.
- Recording district where the property is located.
- Any consideration accepted for the transfer.
Step 4: Sign the Quitclaim Form in the Presence of a Notary
If the house is a co-owned homestead, the grantor and spouse must sign the quitclaim deed in the presence of a notary. They will review the document, witness the signatures, sign, date, and affix an official seal to the form.
If you must submit it to multiple districts, you may have the option to send a certified or electronic copy of the original.
Step 5: File the Deed With the Appropriate Recording District
Once your form is completed and signed before a notary, you can take it to the recording district for filing. Each district has different filing requirements and fees.
Since you may have to travel to the recording office, you benefit from calling them in advance to schedule an appointment and verify that you have the correct documentation and payment information.
Costs and Fees
Being aware of the filing fees and potential tax considerations in Alaska 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 mandated under 11 Alaska Admin. Code § 05.200, 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 each for subsequent pages.
- Certified copies: $5 per document.
Additional fees may apply if your quitclaim deed does not meet the required standards established under 11 Alaska 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. U.S. Gift Tax (Form 709)
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 gift tax. In addition, you may not owe gift tax if your quitclaim was to transfer property to a spouse, deed, or 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.
Alaska Quitclaim Deed Requirements
Alaska law outlines specific requirements for quitclaim deeds to ensure transfers are legally valid and properly recorded. Knowing these details helps you complete your document accurately and avoid delays.
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 in Alaska
| 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. |
Sample Alaska Quitclaim Deed
Below, you can view a sample Alaska quitclaim deed. You can customize this template using our document editor and then download it in PDF or Word format.
Frequently Asked Questions
Is there an expiration date for quitclaim deeds in Alaska?
No, there is no specific expiration date. Once a quitclaim deed is properly filed and recorded, it transfers ownership of the property. This ownership transfer remains valid indefinitely unless challenged in court.
How do you correct an Alaska quitclaim deed?
Fixing a mistake on an Alaska quitclaim deed depends on the severity of the error. Minor typos or missing info can be addressed with an Affidavit of Correction. This document acknowledges the mistake, provides the correct info, and gets signed by both parties before a notary. It’s then filed with the recording office for a fee.
For more serious errors, like a wrong legal description, a full re-recording might be needed. This involves creating a new, accurate deed, getting signatures and notarization again, and filing it with the recording office along with the original deed (potentially incurring additional fees).
Does a quit claim deed supersede a divorce decree?
No, a quitclaim deed cannot supersede a divorce decree. They address different aspects of property division. A divorce decree, issued by a court, settles all marital issues, including who owns which properties after the split. It’s the legal ruling on ownership.
A quitclaim deed is simply a document that transfers real estate ownership. If the decree awards a property to one spouse, the other might use a quitclaim deed to officially transfer their interest. While the quitclaim deed enforces the ownership decision, the court’s decree remains the ultimate authority.
