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Affidavit for Collection of Personal Property of Decedent …Verified against the statute July 29, 2026

Alaska Small Estate Affidavit

Alaska lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $150,000 or less and 30 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Alaska at a glance

Estate value limit
$150,000
Gross value
Wait after death
30 days
Before the affidavit can be presented
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
The "successor" of the decedent, or a person…
Per the statute

Is your estate under the $150,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $150,000 limit, and what actually counts

Two-part cap. Do not implement as a single number. AS 13.16.680(a)(1) requires that the entire estate, wherever located, less liens and encumbrances, consist of "not more than" (A) vehicles subject to registration under AS 28.10.011 with a total value not exceeding $100,000, and (B) personal property other than those vehicles not exceeding $50,000. $150,000 is only the arithmetic maximum (Alaska DMV titles its own form "Affidavit for an Estate with Assets of $150,000 or Less"), and it is reachable only if at least $100,000 of the value is registerable vehicles. An estate of $60,000 held entirely in a bank account does not qualify, the non-vehicle sub-cap of $50,000 is independently binding. Gross value is measured net of liens and encumbrances. Real property is excluded entirely (the estate must contain none that requires administration).

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Alaska, these are left out of the calculation:

  • Liens and encumbrances on estate property
  • Vehicles, where separately excluded
  • Real property

The 30-day waiting period

30 days, counted from the decedent's date of death. AS 13.16.680(a) opens 'Thirty days after the death of a decedent..' and AS 13.16.680(a)(3) [numbered (2) in the statutory list] requires the affidavit to state that '30 days have elapsed since the death of the decedent.' Form P-110 para. 4 restates this. There is no separate creditor-notice period, no court-publication period, and no requirement to wait for a death certificate to issue, though Form P-110 para. 8 warns the affiant may be asked to produce a certified death certificate. There is no outer deadline on using the affidavit, but note the separate AS 13.16.040(a) three-year ultimate time limit on opening probate, which becomes relevant if the affidavit route later proves unavailable.

Who can sign the affidavit

The "successor" of the decedent, or a person acting on the successor's behalf ("an affidavit made by or on behalf of the successor," AS 13.16.680(a)). "Successor" is defined at AS 13.06.050(48) as "a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or AS 13.06 - AS 13.36", i.e., a devisee under the will or an intestate heir. Creditors are expressly excluded and may not use the affidavit. Form P-110 requires the affiant to state the factual basis on which they claim to be a successor. No court appointment, bond, or attorney is required.

Either. AS 13.16.680 does not distinguish testate from intestate estates. Eligibility turns solely on the affiant being a 'successor' under AS 13.06.050(48), i.e. a person entitled to the property under the decedent's will or under the intestacy rules of AS 13.06-AS 13.36. The statute does not require the will to be filed, probated, or admitted before the affidavit is used, and Form P-110 contains no will-related paragraph, the affiant simply states the basis on which they claim to be a successor. Practical caution: a separate Alaska duty-of-custodian-of-will provision may still require whoever holds an original will to deliver it, and financial institutions frequently ask to see the will to verify the claimed successor status, so the product should prompt for it even though the affidavit statute does not condition on it.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Alaska?

No. Alaska has no small-estate affidavit for real property. There is no Alaska analogue to Cal. Prob. Code 13200. AS 13.16.680 by its terms reaches only 'tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action' and money owed; real property is outside the statute entirely. Alaska Court System Form P-110 para. 3 makes the affiant swear that 'the decedent's estate includes no real estate or the decedent had real estate that passed automatically to someone else.. based on how it was titled.' Real property therefore passes only by (a) survivorship title, tenancy by the entirety, or Alaska community property with a right of survivorship; (b) a revocable living trust; (c) a recorded transfer-on-death deed under AS 13.48 (Alaska Court System Form P-150, Revocable Transfer on Death Deed); or (d) a probate administration in which the personal representative executes and records a deed (typically a quitclaim/PR deed) with the Alaska Recorder's Office in the recording district where the land lies. There is no separate real-property affidavit threshold to report because no such instrument exists.

How to use a small estate affidavit in Alaska

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $150,000 ceiling. Two-part cap. Do not implement as a single number. AS 13.16.680(a)(1) requires that the entire estate, wherever located, less liens and encumbrances, consist of "not more than" (A) vehicles subject to registration under AS 28.10.011 with a total value not exceeding $100,000, and (B) personal property other than those vehicles not exceeding $50,000. $150,000 is only the arithmetic maximum (Alaska DMV titles its own form "Affidavit for an Estate with Assets of $150,000 or Less"), and it is reachable only if at least $100,000 of the value is registerable vehicles. An estate of $60,000 held entirely in a bank account does not qualify, the non-vehicle sub-cap of $50,000 is independently binding. Gross value is measured net of liens and encumbrances. Real property is excluded entirely (the estate must contain none that requires administration).

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Affidavit for Collection of Personal Property of Decedent (Alaska small estate affidavit). AS 13.16.680; official Alaska Court System Form P-110, listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    AS 13.16.680(a) is mandatory on the holder: any person indebted to the decedent, or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action, 'shall make payment of the indebtedness or deliver the tangible personal property or [the] instrument.. to a person claiming to be the successor of the decedent upon being presented an affidavit' containing the four required statements. AS 13.16.680(b) separately provides that 'a transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in (a).' Safe harbor. AS 13.16.685: 'The person paying, delivering, transferring, or issuing personal property or the evidence of it under affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of it or to inquire into the truth of any statement in the affidavit.' This is the exact language to quote to a reluctant bank branch. Enforcement, same section: 'If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of it, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to it.' So a refusing institution can be sued and compelled. The statute does not itself require a death certificate, but Form P-110 para. 8 tells the affiant they may be asked to show one, and in practice every institution will require a certified copy.

Where to take the signed affidavit

The bank

AS 13.16.680(a) is mandatory on the holder: any person indebted to the decedent, or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action, 'shall make payment of the indebtedness or deliver the tangible personal property or [the] instrument.. to a person claiming to be the successor of the decedent upon being presented an affidavit' containing the four required statements. AS 13.16.680(b) separately provides that 'a transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in (a).' Safe harbor. AS 13.16.685: 'The person paying, delivering, transferring, or issuing personal property or the evidence of it under affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of it or to inquire into the truth of any statement in the affidavit.' This is the exact language to quote to a reluctant bank branch. Enforcement, same section: 'If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of it, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to it.' So a refusing institution can be sued and compelled. The statute does not itself require a death certificate, but Form P-110 para. 8 tells the affiant they may be asked to show one, and in practice every institution will require a certified copy.

The DMV

Separate agency form, same statutory thresholds. Alaska Division of Motor Vehicles Form 827, 'Affidavit for an Estate with Assets of $150,000 or Less' (rev. 1/2018), https://dmv.alaska.gov/media/lm3pmukk/827.pdf. Form 827 recites: entire estate wherever located, less liens and encumbrances, valued at $150,000 or less; total value of all vehicles not exceeding $100,000; total value of personal property excluding vehicles not exceeding $50,000; at least 30 days elapsed since the owner's death; no application or petition for appointment of a personal representative pending or granted in any jurisdiction. Must be notarized (a DMV representative may administer the oath in lieu of a notary, the signature block reads 'Notary Public or DMV Representative (Login ID & Office Location)'). Must contain the full and complete VIN. Submit with Form V1 (Application for Title & Registration, https://dmv.alaska.gov/media/ssgb1rnj/v1.pdf; the older number for this application was Form 812), the released title or a notarized lost-title affidavit, and the original or a certified copy of the Form 827. Form 827 also warns that the vehicle must first be titled in the successor's name before it can be sold onward. Note: a title held by the decedent 'Or' a survivor transfers on a certified death certificate alone with no affidavit; a title held 'And' requires the affidavit or probate documents. Estates above the caps require Letters Testamentary, Letters of Administration, or a Letter of Appointment.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

The affidavit does not require the affiant to list, notify, or pay creditors, and there is no statutory creditor-claim period attached to the AS 13.16.680 route. This is one of its main advantages. Debts enter only through valuation: the caps are applied to the estate 'less liens and encumbrances.' The affiant's exposure comes from AS 13.16.685: 'Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for it to any personal representative of the estate or to any other person having a superior right.' Form P-110 para. 7 makes the affiant acknowledge this in terms. So if a personal representative is later appointed, or a person with a better claim (another heir, a devisee under a later-found will) surfaces, the affiant must account for and turn over the assets. Practically, an affiant who collects funds and distributes them to themselves while known creditors go unpaid, or who ignores co-heirs with equal shares, retains personal liability. The product should warn users that the affidavit collects property but does not extinguish anyone else's rights in it.

When you can’t use it

Alaska takes the affidavit route off the table when:

  • Non-vehicle personal property exceeds $50,000 (AS 13.16.680(a)(1)(B))
  • Registerable vehicles exceed $100,000 in total value (AS 13.16.680(a)(1)(A))
  • Fewer than 30 days have elapsed since the date of death (AS 13.16.680(a)(2))
  • An application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction, not just Alaska (AS 13.16.680(a)(3))
  • The affiant is not a person entitled to payment or delivery of the property (AS 13.16.680(a)(4))
  • The affiant is a creditor of the decedent (excluded by the AS 13.06.050(48) definition of 'successor')
  • The decedent owned real property that did not pass automatically outside probate (e.g. not held in tenancy by the entirety, Alaska community property with right of survivorship, a revocable trust, or under a recorded transfer-on-death deed). Form P-110 para. 3
  • Assets exceed the caps once out-of-state property is counted; the statute reaches the entire estate 'wherever located'
  • Alaska Native Corporation stock, which is governed separately by AS 13.16.705 and federal ANCSA restrictions on alienability, not by the ordinary affidavit route

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Alaska small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. None found in the last three years (2023-2026). The operative amendment credit printed on Alaska Court System Form P-110 is 'sec. 1 ch 78 SLA 1972; am sec. 4 ch 80 SLA 1984; am sec. 1 ch 100 SLA 2008', i.e. the last substantive change to AS 13.16.680, which set the current $100,000 vehicle / $50,000 other-personal-property caps, was Chapter 100, Session Laws of Alaska 2008. AS 13.16.685 has never been amended since enactment (sec. 1 ch 78 SLA 1972). Independent codifications agree on the current figures: FindLaw's AS 13.16.680, current through January 1, 2025, and Justia's 2025 Alaska Statutes both show $100,000/$50,000. Targeted searches for a 2024-2026 Alaska bill amending AS 13.16.680 or raising the small-estate limit returned nothing; the only Title 13-adjacent enactment surfaced from the 34th Legislature (2025-2026, adjourned sine die May 2026) was HB 121 (ch. 22 SLA 25), concerning accountancy practice and private professional conservators and amending Alaska Probate Rule 17(e). It does not touch AS 13.16.680. Alaska does not index this threshold; contrast California (AB 2016, eff. April 1, 2025) and the annually indexed Colorado and Idaho figures. Form-level currency: Court Form P-110 rev. 4/17; DMV Form 827 rev. 1/2018, both post-date the 2008 amendment and recite the current caps.

  • AS 13.16.680 (Collection of personal property by affidavit)
  • AS 13.16.680(a)(1)(A) (vehicle cap $100,000)
  • AS 13.16.680(a)(1)(B) (non-vehicle personal property cap $50,000)
  • AS 13.16.680(a)(2) (30-day waiting period)
  • AS 13.16.680(a)(3) (no PR pending or granted)
  • AS 13.16.680(a)(4) (claimant is entitled successor)
  • AS 13.16.680(b) (transfer agent must re-register securities)
  • AS 13.16.685 (Effect of affidavit, payor safe harbor; recipient accountability; action to compel)
  • AS 13.06.050(48) (definition of 'successor')
  • AS 28.10.011 (vehicles subject to registration)
  • AS 13.16.690 (Small estates; summary administrative procedure, separate, court-based)
  • AS 13.16.695 (Small estates; closing by sworn statement of personal representative)
  • AS 13.16.040(b) (3-year ultimate time limit does not apply to proceedings to determine heirs of an intestate)
  • AS 13.16.030 (binding effect/notice in proceedings to determine heirs where estate cannot be opened for administration)
  • Session law history: § 1 ch 78 SLA 1972; am § 4 ch 80 SLA 1984; am § 1 ch 100 SLA 2008

What we're less sure about

  • The akleg.gov official Alaska Statutes and bill-search endpoints returned HTTP 403 to every fetch attempt, as did law.justia.com and lawserver.com. Verbatim statutory text was obtained instead from the Alaska Court System's own official Form P-110, which reprints AS 13.16.680 and AS 13.16.685 in full with session-law credits, an official state judiciary publication, but a reprint rather than the legislature's own database.
  • Independent codification currency was confirmed only through January 1, 2025 (FindLaw) and the Justia '2025 Alaska Statutes' compilation. The 34th Legislature adjourned sine die in May 2026 and I could not directly query the 2025 or 2026 session laws for a chapter touching AS 13.16.680. No evidence of any such amendment was found, and the statute has been static since 2008, but a final confirmation against akleg.gov BASIS before launch is recommended.
  • Alaska Court System Form P-110 carries a 4/17 revision date and DMV Form 827 a 1/2018 revision date. Both recite the post-2008 caps correctly, but the product should re-verify the current form revision at build time since a stale PDF is itself a rejection risk.
  • The $150,000 headline figure is a derived aggregate, not a statutory number. The statute states only the two sub-caps. Any eligibility logic must implement both tests conjunctively; a single-threshold implementation will produce false-positive qualifications for cash-heavy estates between $50,001 and $150,000.
  • The Alaska duty-of-custodian-of-will provision (delivery of an original will to the court or personal representative) was not independently verified. AS 13.16.030 turned out to concern jurisdiction and notice, not will custody. AS 13.16.680 itself imposes no will-filing precondition, so this does not affect eligibility, but the exact cite for the custodian duty should be confirmed before it is stated to users.
  • No Alaska Court System form number was located for the determination-of-heirs petition; the self-help page describes the proceeding without naming a form. Confirm whether a P-series form exists or whether a custom petition is required.
  • AS 13.16.690's threshold is defined by reference to homestead allowance, exempt property, family allowance and administration/funeral/last-illness expenses rather than a fixed dollar figure; the underlying AS 13.12.402 homestead allowance and AS 13.12.403 exempt property dollar amounts were not independently verified in this pass and should be confirmed before any summary-administration content is published.
  • Alaska Native Corporation stock (AS 13.16.705, ANCSA) is subject to federal alienability restrictions and was not researched in depth; the product should route these estates to counsel rather than to the affidavit flow.

Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms.