What is a Quitclaim Deed in Alaska?
In Alaska, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Alaska.
The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Alaska?
The main difference between quitclaim deeds and warranty deeds in Alaska is that a quitclaim deed provides less security to the Grantee.
A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.
Warranty deeds are mostly used for real estate transactions in Alaska. Quitclaim deeds, on the other hand, are used for transfers between family and friends.
How Do Quitclaim Deeds Work in Alaska?
Laws surrounding quitclaim deeds are found under Title 34 of the Alaska Code, titled Property.
Alaska laws provide sample language for a quitclaim deed. It must state that the Grantor intends to “convey and quitclaim all interest they have, if any” in the property to the Grantee.
In Alaska, real estate records are maintained by the Alaska Department of Natural Resources (DNR). Once prepared, the quitclaim deed must be filed in one of the 34 Recording Districts corresponding to the location of the property.
Can You Prepare Your Own Quitclaim Deed in Alaska?
You can prepare your own quitclaim deed in Alaska. A professional drafter is not legally required.
Alaska Quitclaim Deed Requirements
Formatting standards in Alaska have been standardized through both statute and county processes, which have been uniformly adopted and standardized throughout the state.
Formatting Requirements
Formatting requirements for quitclaim deeds in Alaska include:
- Paper size: maximum 8.5x 14 (legal).
- Paper color: opaque white paper.
- Font size: minimum 10-point.
- Text: color must be dark and clearly reproducible.
- Text should be printed or typed only.
- Margins:
- First page top: minimum 2-inches for official use.
- Remaining pages and sides: minimum 1-inch.
- No hole punching, stapling.
Content Requirements
Remaining content requirements for quitclaim deeds in Alaska include:
- Grantor’s name and address.
- Grantee’s name and address.
- Return name and address.
- The Recording District.
- The title “Quitclaim.”
- The texts must be in English.
- The property address.
- Property’s homestead status.
- Property’s legal description.
The guidelines to draft a legal description are as follows:- Include lot/tract/block/unit/apt.info, with map or plat number.
- Subdivision nameame, survey number.
- If the land section is used, include meridian/range/township.
- Granting clause – a statement describing the transfer the parties have agreed to.
- Consideration clause – the value or the amount of money exchanged.
- Quitlcaims filed to correct or modify and existing deed must include Book, Page, Serial Number.
Who Signs a Quitclaim Deed in Alaska?
For a quitclaim deed to be legally valid in Alaska, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public.
If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
How to File a Quitclaim Deed in Alaska
Here’s how to file a quitclaim deed in Alaska:
- Prepare the quitclaim deed with the required information.
- Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
- Confirm that the Recording District (map) chosen correctly corresponds to the property’s address.
- Finally, the quitclaim deed must be filed in one of the 34 Recording Districts corresponding to the location of the property.
How Much Does it Cost to File a Quitclaim Deed in Alaska?
In Alaska, the minimum charges for filing a quitclaim deed are as follows:
- Fee for first page: $20.
- Each additional page: $5.
- Indexing fee (each name or location over 6): $2.
- Fee for first page of map/plat:$20.
- Fee for each additional page of map/plat:$5.
What Taxes Are Owed on Quitclaim Deeds in Alaska?
In Alaska, property transfers, including transfers through quitclaim deeds, are not subject to real estate transfer taxes. However, annual property taxes may still apply.
Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.
How Long Does a Quitclaim Deed Take to be Recorded in Alaska?
The time it takes to record a quitclaim deed in Alaska varies based on the recording district, however, most offices process the deed within a few weeks.
What Happens After a Quitclaim Deed is Recorded in Alaska?
When a quitclaim deed is submitted to the District Office, it undergoes an initial check for accuracy. Once verified, identifying numbers such as the serial number, book, and page numbers for reference are assigned to the document. Grantor, grantee, and legal description information is added to the online statewide database as per the document.
The deed is then imaged and microfilmed for archiving before being mailed back to the designated party.
How Long Are Quitclaim Deeds Valid For in Alaska?
There is no expiration for quitclaim deeds in Alaska. Moreover, an action to recover real property can be initiated at any time by a person if the deed has been recorded.
Sources
- 1 Quitclaim Deeds- Governing statutes
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Effect of quitclaim. A deed of quitclaim and release for the form in common use is sufficient to pass all the real estate which the grantor can convey by a deed of bargain and sale.
II. AL § 34.15.040 (b)
A deed substantially in the form … when otherwise duly executed, is considered a sufficient conveyance, release and quitclaim to the grantee and the heirs and assigns of the grantee, in fee of all the existing legal and equitable rights of the grantor in the premises described in the deed.
- 2 AL § 34.15.030 (b)
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A deed substantially in the form set out in (a) of this section, when otherwise duly executed, is considered a sufficient conveyance, release and quitclaim to the grantee and the heirs and assigns of the grantee, in fee of all the existing legal and equitable rights of the grantor in the premises described in the deed..
- 3 AL § 34.15.040 (a)
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Form of quitclaim deed… A quitclaim deed may be substantially in the following form: “The grantor … for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee’s name or names) all interest which I (we) have, if any, in the following described real estate (here insert description), located in the State of Alaska.
- 4 Recording Districts
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Place of recording and access to records.(a) The Department of Natural Resources shall provide at each public office designated by the department.. the documents and indices or alternative document retrieval system of the recording district or districts served by that public office;
II. 11 AAC 06.010.
Recording districts… (a) Recording districts within the state are those as described in DNR.. Order No. 16, Establishing Recording Districts for the State of Alaska and Defining Geographic Boundaries..
- 5 Formatting Requirements
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An original document or an electronic document is entitled to be recorded if.. At least two inches of blank space across the top of the first page of the document at least one-inch margins on the remainder of the first page and on all other pages of the document…. type size no smaller than 10-point font
II. AL § 40.17.030.
Formal requisites for recording…be legible or capable of being converted into legible form by a machine or device used in the recording office; be capable of being copied by the method used in the recording office
III. Recorder’s Office – Document layout example
The following information is stated in terms of document compliance with minimum recording criteria only, not document execution requirements or other substantive requirements for legal validity.
- 6 AL § 40.17.030.
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Formal requisites for recording… contain a title reflecting the overall intent of the
Document;.. contain the name and address of a person to whom the document may be returned after recording… mailing addresses of all persons named in the document who grant or acquire an interest under the document;
- 7 AL § 40.17.030.(a)(9)
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Formal requisites for recording…contain the name of the recording district in which it is to be recorded..
- 8 11 AAC 06.040 (a)(6)
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the information required for indexing is in English;
- 9 11 AAC 06.040 (a)(7)
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…a legal description is sufficient for purposes of recording if it contains, at a minimum, a section, township, range, and meridian designation of the parcel or, in the case of subdivided property.. lot and block of the parcel; and
- 10 AL § 40.17.030 (a)(12)
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Formal requisites for recording… contain a book and page reference or serial number reference if the document amends, corrects, extends, modifies, assigns, or releases a document previously recorded in this state;
Source Link - 11 Acknowledgment
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I. AL § 34.15.010 (a)
Manner of executing conveyances… A conveyance of land, or of an estate or interest in land, may be made by deed, signed and sealed by the person from..
II. AL § 09.63.010.
Oath, affirmation, and acknowledgment. The following persons may take an oath, affirmation, or acknowledgment in the state.. a clerk or deputy clerk of a court of the State of Alaska or of the United States.. a notary public..
- 12 AL § 34.15.010 (b)
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In a deed or conveyance of the family home or homestead by a married man or a married woman, the husband and wife shall join in the deed or conveyance.
- 13 AL § 11.05.200
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Recorder’s office.Fees under AS 40.17 for products, publications, or services of the recorder’s office are as follows: (1) recording first page of a document, $20;
(2) recording second and each subsequent page of the same document, $5;
- 14 AL § 9.10.030 (b)
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An action may be brought at any time by a person who was seized or possessed of the real property in question at some time before the commencement of the action or whose grantor or predecessor was seized … quiet title to that real property;