Small estate affidavit in Alaska: who can use it and how

A sworn statement you give to a bank, business or person holding the person's property, so they pay or deliver it to you. It is not filed with the court.

Up to $50,000, 30 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Affidavit for Collection of Personal Property of Decedent (court form P-110)

A sworn statement you give to a bank, business or person holding the person's property, so they pay or deliver it to you. It is not filed with the court.

Limit

Up to $50,000 Counted after subtracting liens (what is owed on the property).

Personal property other than vehicles: $50,000 or less after liens. Vehicles subject to Alaska registration (cars, motorcycles, trucks, trailers, and manufactured homes not permanently attached to land): $100,000 or less in total after liens. The person must not have owned any real estate, unless it passed automatically to someone else.

What counts

The entire estate, wherever located, minus liens and encumbrances, may consist only of: vehicles that must be registered in Alaska worth $100,000 or less in total, and other personal property worth $50,000 or less. The estate cannot include any real estate, unless it passed automatically to someone else (tenancy by the entirety or a transfer on death deed). Nonprobate property, such as a joint bank account, is not counted.

Waiting period

At least 30 days must have passed since the death.

Who can use it

A 'successor': anyone other than a creditor who is entitled to the person's property under the will or Alaska inheritance law, for example a beneficiary named in the will or an heir if there is no will. The court self-help page also lists the personal representative named in the will. No probate case or petition to appoint a personal representative can be pending or granted anywhere.

Court or where to file

Not filed with the court. You give a copy to each person or business holding the property.

Notary

Sign under oath before a notary or a court clerk. Notary services are free at all Alaska court locations.

Papers to attach

Copy of the death certificate (the holder may ask to see it)
For a vehicle: DMV Form 827 (or a similar notarized statement with the VIN) and Form V1 Vehicle Transaction Application

Steps

Wait until at least 30 days after the death.
Make sure no probate case has been started and the person had no real estate that needs probate.
Add up the vehicles and the other personal property separately, minus liens; vehicles must total $100,000 or less and other property $50,000 or less.
Fill in form P-110 and sign it under oath before a notary or court clerk.
Give a copy to each holder of the property, with a death certificate if asked.
Give the property to the people entitled to it under the will or inheritance law; you cannot keep property that belongs to others.

Fee

There is no court filing fee because the affidavit is not filed with the court. DMV charges title fees for a vehicle (see its fee calculator).

Debts and responsibility

The person who receives property by affidavit is answerable and accountable for it to any personal representative later appointed and to anyone with a superior right. If a personal representative is appointed later, the property must be given to the personal representative.

What the bank or holder must do

A person or business shown a proper affidavit must pay or deliver the property, and a transfer agent must re-register securities. The holder is discharged and released as if it had dealt with a personal representative and does not have to check the statements. If the holder refuses, the property can be recovered in a court proceeding.

Forms

P-110 Affidavit for Collection of Personal Property of Decedent (4/17)

Law: AS 13.16.680, 13.16.685; AS 13.06.050(48)

Source: Official page

What counts toward the limit in Alaska

Look at the person's entire estate, wherever located, minus liens and encumbrances. It may contain only vehicles (total $100,000 or less) and other personal property (total $50,000 or less). Add these up separately. Any real estate that did not pass automatically to someone else means the affidavit cannot be used. Nonprobate property that passes automatically to someone else is not counted.

Law: AS 13.16.680(a)(1)

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone count toward the $50,000 personal property limit. Law: AS 13.16.680(a)(1)(B)
Joint or payable-on-death (POD) bank accounts	Left out	A joint account with right of survivorship, or an account with a named beneficiary, passes automatically and is not counted.
Cars and other vehicles	Left out up to $100,000	Vehicles that must be registered in Alaska (cars, motorcycles, trucks, trailers, and manufactured homes not permanently attached to land) have their own limit of $100,000 total after liens, separate from the $50,000 limit. If the vehicles total more than $100,000, the affidavit cannot be used. Vehicles with a transfer on death title or an 'OR' co-owner pass outside probate. Law: AS 13.16.680(a)(1)(A)
Boats and mobile or manufactured homes	Counts	Manufactured homes not attached to land count with vehicles (under $100,000). Boats, snowmachines, ATVs and other untitled vehicles are not 'vehicles' here and count toward the $50,000 personal property limit. Law: AS 13.16.680(a)(1)
Real estate in Alaska	Counts	If the person owned any real estate, of any value, that did not pass automatically to someone else, the affidavit cannot be used. Law: AS 13.16.680(a)(1)
Main home (primary residence)	Counts	A home in the person's name that did not pass automatically (by tenancy by the entirety or a transfer on death deed) means the affidavit cannot be used. Law: AS 13.16.680(a)(1)
Real estate in another state	Counts	The rule covers the entire estate 'wherever located', so real estate in another state that needs probate also means the affidavit cannot be used. Law: AS 13.16.680(a)(1)
Unpaid wages owed to the person	Counts	Money owed to the person, such as unpaid wages and uncashed checks, is personal property and counts toward the $50,000. Law: AS 13.16.680(a)
Military pay owed to the person	Not clear	The small estate statute does not mention military pay owed to the person. Law: AS 13.16.680
Life insurance or retirement money paid to a named person	Left out	Life insurance and retirement benefits with a named beneficiary are nonprobate property and are not counted.
Life insurance or retirement money paid to the estate	Counts	Benefits payable to the person's estate are probate personal property and count. Law: AS 13.16.680(a)(1)(B)
Property in a living trust	Not clear	The court's small estate pages do not mention property held in a living trust. Law: AS 13.16.680
Property owned jointly with right of survivorship	Left out	Property held with someone else with a right of survivorship, or by spouses as tenants by the entirety, passes automatically and is not counted.
Property going to a surviving spouse	Left out	Tangible personal property usually passes automatically to a surviving spouse because spouses are assumed to hold it as tenants by the entirety, and real estate held that way also passes automatically. Other probate property inherited by the spouse still counts.
Stocks, bonds and brokerage accounts	Counts	Stocks in the person's name count toward the $50,000; a transfer agent must re-register them on the affidavit. Law: AS 13.16.680(a)-(b)
Furniture, jewelry and other belongings	Counts	Cash, the Alaska Permanent Fund Dividend, furnishings, jewelry, artwork, tools and equipment count toward the $50,000 after liens.

Source: Official page

Questions about small estates in Alaska

How long must I wait to use the affidavit in Alaska?

At least 30 days must have passed since the death.

What does the affidavit cost in Alaska?

There is no court filing fee because the affidavit is not filed with the court. DMV charges title fees for a vehicle (see its fee calculator).

Am I responsible for debts if I use the affidavit in Alaska?

Free help in Alaska

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.