Alaska Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed (often typed quit claim deed) transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who trust each other.

2. 2

   Record it with the State Recorder's Office. Alaska does not use county recorders. Its statewide recording system runs through the State Recorder's Office and is divided into 34 recording districts, and you record the deed in the district where the affected land is located (AS 40.17.020).

3. 3

   You must have it acknowledged before a notary. An Alaska conveyance of land must be acknowledged before a notary public or another officer authorized under AS 09.63.010 before it can be recorded (AS 34.15.150). Acknowledgment is the operative signing formality.

4. 4

   No witnesses are required. Current Alaska law does not require witnesses to sign a deed. The old two-witness rule was retired long ago, and AS 34.15.150 conditions execution only on acknowledgment (or proof), not on witnesses.

5. 5

   There is no state transfer tax. Alaska imposes no statewide real estate transfer tax, documentary stamp tax, or deed excise tax. You pay only the recording fee set by regulation (AS 40.17.030), so no transfer-tax declaration is filed with the deed.

6. 6

   Alaska has a statutory quitclaim form. AS 34.15.040 sets out a short-form quitclaim deed whose words convey and quitclaim all interest the grantor has, if any, in the described real estate. A separate warranty deed under AS 34.15.030 is what supplies covenants of title; the quitclaim supplies none.

7. 7

   Get the recording details right. Under AS 40.17.030 the deed must carry a title, the name of the recording district, a return address, and the mailing addresses of everyone who grants or acquires an interest. Recording also protects the grantee against a later good-faith buyer whose deed is recorded first (AS 40.17.080). Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a trust.

Alaska Requirements for Quitclaim Deed

• Acknowledge the Deed Before a Notary

  To record an Alaska quitclaim deed the grantor must sign it and have it acknowledged before a notary public or other officer authorized under AS 09.63.010. AS 34.15.150 requires this acknowledgment for a conveyance of land, so it is what makes the deed recordable.

• No Witnesses Are Required

  Current Alaska law does not require witnesses to sign a deed. AS 34.15.150 conditions execution on acknowledgment or proof, not on witnesses. The historical two-witness rule was retired long ago, so notarial acknowledgment alone allows the deed to be recorded.

• Record With the State Recorder's Office

  Alaska does not use county recorders. Record the signed, notarized deed with the State Recorder's Office in the recording district where the property sits. The statewide system is divided into 34 recording districts served by the Recorder's Office (AS 40.17.020).

• Alaska Charges No State Transfer Tax

  Alaska imposes no statewide real estate transfer tax, documentary stamp tax, or deed excise tax, so there is no transfer-tax declaration to file with the deed. You pay only the recording fee set by regulation (AS 40.17.030). Check whether the local municipality charges any fee of its own.

• Use the Statutory Quitclaim Short Form

  Alaska provides a statutory short-form quitclaim deed at AS 34.15.040. Its operative words convey and quitclaim all interest the grantor has, if any, in the described real estate. A deed substantially in that form is treated as a sufficient conveyance, release, and quitclaim of the grantor's existing legal and equitable rights.

• A Quitclaim Carries No Warranty of Title

  The Alaska statutory quitclaim conveys only the grantor's existing interest, if any, and contains no covenants of title. A separate statutory warranty deed under AS 34.15.030 is what supplies title covenants. With a quitclaim the grantee receives whatever interest the grantor actually holds and no promise beyond it.

• Include the Required Recording Details

  Under AS 40.17.030 a deed must contain original signatures, a title reflecting its intent, the name of the recording district, a return address, and the mailing addresses of every person who grants or acquires an interest under it. A deed missing these details can be rejected by the Recorder's Office.

• Record Promptly to Protect the Grantee

  Alaska is a race-notice state. Under AS 40.17.080 an unrecorded conveyance is valid between the parties, but it is void against a later good-faith purchaser for value whose deed is recorded first. Recording the quitclaim promptly protects the grantee's interest against a competing buyer.