Alaska Quit Claim Deed Form
The Alaska Quit Claim Deed is a legal form that allows for the transfer of interest in real estate when the individual receiving the property (the “Grantee”) does not require the individual executing the Deed (the “Grantor”) to clarify their ownership of the property. In the words of Alaska’s Quit Claim Deed laws (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 a Quit Claim Deed is utilized is when property needs to be transferred into a living trust.
Age requirement (Sec. 34.15.010(a)): The Grantor must be of “lawful age,” i.e., 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 Quit Claim Deed 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.
The form the Quit Claim Deed may take (Sec. 34.15.040): Chapter 15 of the Alaska Statutes provides guidance for the form the Deed may take. In the example provided, the following fields are mandatory to fill out:
- The Grantor’s name and place of residence,
- The consideration of the Grantor,
- The Grantee’s name,
- A description of the real estate, and
- The date of executing the form.
Signing requirements (AS 34.15.150) – It is mandatory for the signatures on an Alaska Quit Claim Deed to either be:
a) Proven by subscribing witness
Proof that the Deed was lawfully executed can be made by one (1) subscribing witness before an authorized officer who can take acknowledgment of conveyances. The witness must state their address and the fact that they know the Grantor.
b) Lawfully acknowledged: Acknowledgment must be performed by a party who is authorized under AS 09.63.010 to make acknowledgments. They must endorse on the Quit Claim Deed a certificate of the acknowledgment of the conveyance and the date they made the acknowledgment.
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 the State of Alaska or of the United States,
- 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 the lieutenant governor’s duties under AS 24.05.160, and
- 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 should be recorded at the District Recorder’s Office. The Office will charge a recording fee, so it is crucial to come prepared to make this 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 Quit Claim Deed immediately after it is executed to avoid future complications. As stipulated by AS 40.17.080, Alaska adheres to what is termed a “race-notice statute.” Simply put, the Deed that is recorded first will be prioritized, so long as the party filing the Deed did not have prior notice of the existence of a pre-existing Deed.
To exemplify this point, consider the following scenario. Imagine if a party (“Party A”) lawfully establishes a Quit Claim Deed regarding a piece of real estate but does not file it. Following this, another party (“Party B”) lawfully establishes a Quit Claim Deed regarding the same piece of real estate but does file it. Party B is completely unawares of Party 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, Party B’s claim will supersede Party A’s claim.