No. Only property owned by the person who died that does not pass automatically to a survivor must go through a court process called probate. In a probate, the court appoints a Personal Representative to transfer legal title of the property owned by the person who died to the persons who are supposed to receive it. If the total value of property owned by the person who died is less than a certain amount and the property meets certain conditions, a survivor can use an Affidavit for Collection of Personal Property to transfer the property instead of the probate process. Also, if the property owner recorded a Transfer on Death deed for real property, the title to that property will automatically transfer to the named beneficiaries when the owner dies. That property does not need to go through the court probate process.
The steps needed to transfer property depend on the type of property, how the person held title to the property and whether the person named someone to receive the property when he or she died. Some property must pass through probate and other property passes without probate. The sections that follow explain how to transfer some of the most common types of property.
Property that must pass through probate before it can be transferred to another person is called probate property. This usually includes property owned only in the name of the person who died, such as a house, vehicle or bank account.
Property that passes automatically to someone else when a person dies is called nonprobate property. This usually includes property held with someone else or where the person who died named someone to automatically receive the property. Common examples include a bank account, life insurance benefits, retirement benefits, or real property when you have recorded a Transfer on Death deed.
The same type of property can be either probate property or nonprobate property. For example, a checking account owned only in the name of the person who died must pass through probate and is probate property. But if the same checking account is held jointly with another person who has a right of survivorship, the account will pass automatically to the survivor as nonprobate property.
The Personal Representative must prepare a Deed to transfer real property to a new owner unless it passes automatically to the spouse of the person who died or to a named beneficiary if the person who died recorded a Transfer on Death deed.
The Personal Representative usually prepares a Quitclaim Deed when transferring property to beneficiaries and heirs because he or she does not know exactly what interest the person who died had in the property and does not want the estate to be responsible for promises about the property. But in some situations, such as a sale to an unrelated buyer, the Personal Representative may choose to prepare a Warranty Deed. In that case, the Personal Representative will usually ask a title company to look into the property to reduce the risk that the estate will be responsible for making promises. Very specific language is used to create a Quitclaim Deed and a Warranty Deed. If you have any questions about preparing a Deed, you should talk to a probate lawyer.
The Personal Representative must record the new Deed with the Alaska Recorder's Office in the recording district in which the property is located.
Real property can usually stay in the name of the person who died until it is time to transfer the property. It does not need to be transferred first into the name of the Personal Representative on behalf of the estate. If there is a current loan on the property, the beneficiary or heir should arrange to assume the loan, pay off the loan or refinance the property before accepting a Deed to the property.
Real property can be transferred without a probate if it is held in one of the following ways:
If the property is held as tenants by the entirety or as Alaska Community Property with a right of survivorship, it passes automatically to the spouse who survives the person who died. There is no need to do anything to transfer the real property to the surviving spouse. If the surviving spouse wants to sell or transfer the real property, he or she will need to record a new Deed and a certified copy of the Death Certificate of the spouse who died with the Alaska Recorder's Office in the recording district in which the property is located.
If the property is held by a Trustee in a trust, it will continue to be held in trust for the benefit of the beneficiaries named by the person who died. There is no need to transfer ownership because the Trustee already legally owns the property. For more information, see Trusts.
If the person who died recorded a Transfer on Death deed, the property passes automatically to the named beneficiaries. There is no need to do anything to transfer the real property to the beneficiaries.
How to transfer personal property depends on several factors including:
The sections below contain information about transferring some of the most common types of personal property.
You must follow special rules to transfer bank accounts such as checking accounts, savings accounts, share accounts and certificates of deposit. Who receives the accounts when an account owner dies and how the accounts are transferred depends on how the account is titled.
If a person added someone to his or her account during life with the right to sign checks for convenience only, the signer has no right to any of the account funds at death.
These accounts are held jointly with one or more persons, which can be a spouse or an unrelated person, or both. The terms of the account create an automatic right of survivorship. The chart below shows who will receive the account when the person dies and what you will need to transfer the account with the bank.
Account Owners who Survive the Person who Died Who Receives Account Documents Needed to Transfer AccountOne of the surviving account owners is the spouse of the person who died.
The surviving spouse receives the entire share of the person who died.
Certified copy of Death Certificate
None of the surviving account owners is the spouse of the person who died.
The surviving owners share equally in the share of the person who died.
Certified copy of Death Certificate
There are no surviving account owners (the person who died was the last surviving account owner).
The estate receives the entire account.
Letters Testamentary, Letters of Administration or Affidavit for Collection of Personal Property
If no Personal Representative is appointed, the bank can pay the account to the beneficiaries or heirs of the person who died.
Certified copy of Death Certificate and proof of death of all other account owners.
These accounts are held jointly with one or more persons, including a spouse or an unrelated person, or both. The terms of the account do not create any automatic right of survivorship. The estate receives the entire share of the person who died, even if other account owners survive. To transfer the account, the bank will need the Letters Testamentary, Letters of Administration or an Affidavit for Collection of Personal Property.
These accounts are created by both spouses under the Alaska Community Property Act. The chart below shows who will receive the account when one spouse dies and what you will need to transfer the account with the bank.
How Title is Held Who Receives Account Documents Needed to Transfer AccountThe spouse receives the entire account.
Certified copy of Death Certificate
The estate receives the entire account.
Letters Testamentary, Letters of Administration or Affidavit for Collection of Personal Property
These accounts can be held jointly with another person or only in the name of the person who died. Each account owner can name one or more payable on death "POD" beneficiaries to receive that owner's share of the account when he or she dies. However, if the account is a joint account with a right of survivorship or an Alaska community property account with a right of survivorship, only the POD beneficiary of the last surviving account owner receives anything.
The chart below shows who will receive the account when the person dies and what you will need to transfer the account with the bank.
POD Beneficiaries who Survive the Person who Died Who Receives Account Documents Needed to Transfer AccountMore than one POD beneficiary survives.
All POD beneficiaries share equally in the account.
Certified copy of Death Certificate and proof of death for all account owners if account had a right of survivorship.
Only one POD beneficiary survives.
The POD beneficiary receives the entire account.
Certified copy of Death Certificate and proof of death for all account owners if account had a right of survivorship.
No POD beneficiaries survive.
The estate of the account owner who died receives the entire account (not the estate of the last surviving POD beneficiary).
Letters Testamentary, Letters of Administration or Affidavit for Collection of Personal Property
If no Personal Representative is appointed, the bank can pay the account to the beneficiaries or heirs of the person who died.
Certified copy of Death Certificate and proof of death for all account owners if account had a right of survivorship.
These accounts are held only by the person who died. The estate receives the entire account when the person dies if there was no payable on death beneficiary. To transfer the account, the bank will need the Letters Testamentary, Letters of Administration or the Affidavit for Collection of Personal Property.
Investment accounts held at a financial institution or a brokerage company have their own forms of ownership. The account may pass with or without a probate depending on how title is held. You should read the terms of the account or talk to the broker of the person who died to find out how each account passes and what documents you need to transfer the account.
Usually, if the account passes automatically to a survivor, you will need a certified copy of the Death Certificate to receive the account. If the account passes to the estate of the person who died, you will need the Letters Testamentary, Letters of Administration or the Affidavit for Collection of Personal Property.
Most of these plans allow the person who died to name a payable on death beneficiary to automatically receive his or her benefits. If the person who died did not name anyone, the plan itself sometimes names a beneficiary to automatically receive the plan benefits. If the person who died named his or her "estate" as the beneficiary, the property must pass through probate. You should read the terms of the plan or contract or talk to the plan administrator to find out who will receive the benefits and what you will need to transfer the benefits.
Usually, if the benefits pass automatically to a survivor, you will need a certified copy of the Death Certificate to receive the benefits. If the benefits pass to the estate of the person who died, you will need the Letters Testamentary, Letters of Administration or the Affidavit for Collection of Personal Property.
The Alaska Division of Motor Vehicles ("DMV") issues Certificates of Title for some types of vehicles, including cars, motorcycles, trucks, trailers and manufactured homes not permanently attached to real property. Vehicles that do not have Certificates of Title include snowmachines, ATVs, tractors, off-road equipment, boats and aircraft.
A vehicle that has a Certificate of Title may or may not pass through probate, depending on how title is held. The chart below shows who will receive the vehicle and what document you need to transfer title of the vehicle with the DMV.
How Title is Held at DMV Who Receives Document Needed to Transfer TitlePerson who died "AND" survivor