Alaska affidavit for collection of personal property of decedent all locations other than juneau form
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Page 1 of 3 AS 13.16.680
P-110 ( 4/17 )(cs duplex)(no hole punch)
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF DECEDENT
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF DECEDENT
I, , being duly sworn, state the following:
1. I am the successor of who died on
, 20 . I am the successor by reason of the fact
that .
(state basis upon which you claim to be successo r)
2. The entire estate of the decedent, wherever located, less liens and encumbrances,
consists only of not more than
a. vehicles subject to registration under AS 28.10.011 with a total value that does
not exceed $100,000; and
b. personal property, other than vehicles described in (a) above, that does not
exceed $50,000 .
3. The decedent’s estate includes no real estate or the decedent had real estate that
passed automatically to someone else . Title to property may transfer automatically
based on how it was titled. For example, the pr operty was held as tenants by the
entirety (common for married couples) or there was a Transfer on Death Deed .
4. Thirty days have elapsed since the death of the decedent.
5. No application or petition for the appointment of a personal representative of the
decedent’s estate is pending or has been granted in any jurisdiction.
6. I, as successor of the decedent, am entitled to the payment of any sums of money due
and owing the decedent and to the delivery of all tangible personal property belonging
to the decedent and to the delivery of all ins truments evidencing a debt, obligation,
stock or chose in action belonging to the decedent.
7. I understan d that when I receive the decede nt’s assets, I am acc ountable for them to
any person al representative of the estate (if one is appointed) and to any other person
who has a superior right. AS 13.16.685
8. I understand I may be asked to show a copy of the decedent’s death certificate to the
holder of the property before any property is transferred to me.
Signature
Mailing Address
City Sta te ZIP
Telephone
Subscribed and sworn to or affirmed before me at , Alaska
on .
(date)
(SEAL) Notary Public or other person authorized to administer oaths.
My commission expires:
Page 2 of 3 AS 13.16.680
P-110 ( 4/17 )(cs duplex)(no hole punch)
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF DECEDENT
Alaska Statutes
Sec. 13.06.050. General definitions
(48) "successor" means 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;
Sec. 13.16.680. Collection of personal property by affidavit.
(a) Thirty days after the death of a decedent, 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 belonging to the
decedent shall make payment of the indebtedness or deliver the tangible
personal property or an instrument evidencing a debt, obligation, stock, or
chose in action to a person claiming to be the successor of the decedent
upon being presented an affidavit made by or on behalf of the successor
stating that
(1) the entire estate, wherever located, less liens and encumbrances,
consists only of not more than
(A) vehicles subject to registration under AS 28.10.011 with a total
va lue that does not exceed $100,000; and
(B) personal property, other than vehicles described in (A) of this
paragrap h that does not exceed $50,000 ;
(2) 30 days have elapsed since the death of the decedent;
(3) no application or petition for the appointment of a personal
representative is pending or has been granted in any jurisdiction; and
(4) the claiming successor is entitled to payment or delivery of the
property.
(b) 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) of this section. (§ 1
ch 78 SLA 1972; am § 4 ch 80 SLA 1984 ; am § 1 ch 100 SLA 2008 )
Sec. 13.16.685. Effect of affidavit. 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 affi davit. 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 proceed ing brought for the purpose by or on behalf
of the persons entitled to it. 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. (§ 1
ch 78 SLA 1972)
Page 3 of 3 AS 13.16.680
P-110 ( 4/17 )(cs duplex)(no hole punch)
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF DECEDENT
Sec. 28.10.011. Vehicles subject to registration.
Every vehicle driven, moved, or parked upon a highway or other public parking
place in the state shall be registered under this chapter except when the vehicle
is
(1 ) driven or moved on a highway only for the purpose of crossing the
highway from one private property to another, including an implement of
husbandry as defined by regulation;
(2) driven or moved on a highway under a dealer's plate or temporary permit
as p rovided for in AS 28.10.031 and 28.10.181(j);
(3) special mobile equipment as defined by regulation;
(4) owned by the United States;
(5) moved by human or animal power;
(6) exempt under 50 U.S.C. App. 501 -591 (Soldiers' and Sailors' Civil Relief
Act);
(7) driven or parked only on private property;
(8) the vehicle of a nonresident as provided under AS 28.10.121;
(9) transported under a special permit under AS 28.10.151;
(10) being driven or moved on a highway, vehicular way, or a public parking
place in the state that is not connected by a land highway or vehicular
way to
(A) the land -connected state highway system; or
(B) a highway or vehicular way with an average daily traffic volume
greater than 499;
(11) an implement of husbandry operated in accordance wi th the provisions of
AS 19.10.065;
(12) an electric personal motor vehicle.
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