Alaska Transfer-on-Death Deed

Last updated: August 21, 2026 Jurisdiction: Alaska

Alaska has a statutory transfer-on-death deed

Alaska's Uniform Real Property Transfer on Death Act authorizes an individual to transfer real property to one or more beneficiaries effective at the transferor's death. The Act describes a TOD deed as revocable and nontestamentary, so it is a state-recognized real-property tool rather than an informal beneficiary designation (Alaska Legislature, Uniform Real Property Transfer on Death Act; Alaska Statutes, Title 13 chapter 48).

The statute requires the essential elements and formalities of a recordable inter vivos deed, a statement that the transfer occurs at death, identification of the beneficiary, and recording before the transferor's death in the recording district where the land is located. A deed that is not recorded before death does not satisfy that statutory requirement (Alaska Legislature, AS 13.48.050).

What changes during life and what does not

Under AS 13.48.060 and .080, a TOD deed does not require notice, delivery, acceptance, or consideration during the owner's life. It does not affect the owner's right to transfer or encumber the property, does not create a legal or equitable beneficiary interest during life, and does not subject the land to a beneficiary's creditors merely because of the deed (Alaska Legislature, AS 13.48.060-.080).

The same statutory subsection expressly says that a TOD deed does not affect the transferor's or beneficiary's eligibility for public assistance during the transferor's life. That is a lifetime legal rule, not a promise about how a particular Medicaid application, later transfer review, or post-death recovery claim will be resolved (Alaska Legislature, AS 13.48.080).

Medicaid consequences remain a separate analysis

Alaska Medicaid still has a 60-month review of certain below-market transfers for Nursing Home Medicaid and HCBS applicants. Because a TOD deed does not give the beneficiary an interest while the owner is alive, it differs from an outright deed; nevertheless, the family should not label any title arrangement “Medicaid proof” without reviewing the current transfer and estate-recovery rules (2026 Alaska long-term-care eligibility guide; Alaska Legislature, TOD deed Act).

Alaska's recovery statute permits claims against an estate for specified medical institution and HCBS services received at age 55 or older. A 2025 Alaska presentation suggests a TOD deed may be an option relevant to recovery, but says that idea is subject to Medicaid policy changes; it should not be treated as proof that a TOD deed defeats a future claim (Alaska Stat. 47.07.055; Alaska LTC Medicaid eligibility presentation).

Revocation also has technical rules. The Act requires an authorized revocation instrument or qualifying subsequent deed to be acknowledged and recorded before death; a revocatory act on the recorded deed itself is not effective (Alaska Legislature, AS 13.48.070).

Alaska deed tool: a recorded, revocable transfer-on-death deed. It is not a lifetime conveyance to the beneficiary and is not a substitute for advice on Medicaid transfers, recovery, title, taxes, or creditors (Alaska Legislature, Uniform Real Property Transfer on Death Act).

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Alaska has a statutory transfer-on-death deed

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