Small Estate Affidavit in Alaska

Alaska lets a family collect a small estate's personal property with a sworn affidavit and no court case, under AS 13.16.680. The test has two caps, measured separately: registered vehicles worth $100,000 or less in total, and all other personal property worth $50,000 or less, each after subtracting liens. It also has a hard stop most summaries leave out. Any real property that would pass through probate closes the route, no matter how small its value.

The Alaska Court System publishes the affidavit as form P-110, and it prints the statute's text on the back of that form. Alaska's official statute site does not serve pages to our research tools, so this page quotes the section as the Court System reproduces it in P-110 (revision 4/17), and it takes every other rule from the Court System's self-help pages, its forms, and the Alaska DMV. It explains how the route works. It does not tell you how the law applies to one estate, so confirm your figures with the Superior Court location in the judicial district where the person lived, or with a licensed Alaska attorney, before anyone signs. A shorter walk through the form itself is on the Alaska small estate affidavit page.

Two Routes Share the "Small Estate" Name

Here is the whole picture first. Alaska uses the words "small estate" for two different procedures, and only one of them avoids court.

The first route collects property. The second one shortens a probate that is already open. A family that fails the affidavit test can still end up in the second route.

The Affidavit Test, Condition by Condition

Form P-110 has the successor swear to each of the following. The statute text printed on the form's second page matches it, and its history line ends with a 2008 amendment.

Two words in that first row do a lot of work.

• "Only." The estate must consist of nothing but vehicles and personal property. That is why real property closes the route rather than counting toward a cap.
• "Wherever located." The measure covers the whole estate, not only the property in Alaska. On the form's plain words, a bank account in another state counts toward the $50,000 cap, and land in another state is still real estate for the next condition.

The "any jurisdiction" condition is broader than a quick read of the self-help page suggests. That page says no one has started a probate case. The statute text on P-110 says no petition for a personal representative may be pending or granted anywhere, so a probate opened in another state closes the Alaska affidavit too.

Two Caps, Not $150,000

The Alaska DMV titles its Form 827 "Affidavit for an Estate with Assets of $150,000 or Less", and its Deceased Owner page heads the same procedure "The Estate Qualifies as a Small Estate ($150,000 or Less)". Both then list the two caps underneath: vehicle assets worth no more than $100,000 and other personal property worth no more than $50,000. The $150,000 is the most a qualifying estate can hold in total. It is never a test on its own.

Let's break it down with three estates.

Liens come off each item's value. The self-help page tells you to subtract "all debts and liens against the vehicles" for the first cap and "all debts and liens against the property" for the second.

Which Vehicles Go in the $100,000 Bucket

The first cap covers "vehicles subject to registration under AS 28.10.011". The Court System translates that for readers: include only vehicles that must be registered in Alaska, which generally means cars, motorcycles, trucks, trailers and manufactured homes not permanently attached to real property. It lists what stays out: snowmachines, ATVs, tractors, off-road equipment and boats. The Court System's asset-transfer page adds that personal aircraft have no DMV title and pass as tangible personal property.

Everything in that "stays out" list still counts. It just counts toward the $50,000 cap instead of the $100,000 one. In much of rural Alaska, that decides the case.

Form P-110 also prints AS 28.10.011 itself on its third page, and one of its exceptions matters in roadless communities. Paragraph (10) exempts from registration a vehicle driven on a road that is not connected by a land highway to the state highway system, or to a road carrying an average daily traffic volume greater than 499. On the section's words, a truck used only on such a road is not "subject to registration", so its value would fall in the $50,000 bucket rather than the $100,000 one. That is our reading of the form's text, not a statement from the Court System, so ask the court location or an Alaska attorney before you rely on it for a vehicle that decides the outcome.

Any Probate Real Property Closes the Route

This is the part to slow down on. The self-help page states the condition in full: the person who died did not own any real property (land or buildings attached to land), no matter how small the value of the real property, or they had real property but it passed automatically to someone else because they were tenants by the entirety or there was a Transfer on Death Deed.

So a $6,000 cabin lot in the person's name alone ends the affidavit route for a $9,000 bank account. The size of the land does not matter. How it was titled does.

Real property that passed outside probate does not count against the route. Form P-110 paragraph 3 describes it as real estate that "passed automatically to someone else" and gives two examples:

• Tenancy by the entirety. Form P-110 notes it is common for married couples. The surviving spouse owns the property without any court step.
• A Transfer on Death Deed, recorded before the death. The named beneficiaries take the property directly.

The Court System's asset-transfer page names two more ways real property passes without probate: spouses holding it as Alaska community property with a right of survivorship, and property held by a trustee in a trust. Both fit P-110's "passed automatically" wording, but the self-help page on the affidavit names only the first two. If one of those is your situation, confirm it with the court location before you sign.

What Counts, and What Stays Out of the Count

The self-help page lists what "personal property" means for the $50,000 cap: cash, checks, bank accounts, the Alaska Permanent Fund Dividend, furnishings, jewelry, artwork, tools, equipment and similar items.

It also says what does not count: nonprobate property, which passes automatically to someone without a probate. Its example is a joint bank account. The Court System's asset-transfer page explains the difference by title. A joint account with a right of survivorship passes to the surviving owners on a certified death certificate. A joint account without survivorship, or an account where the person who died was the last surviving owner, belongs to the estate, and the bank will release it on Letters or on an Affidavit for Collection of Personal Property.

The Permanent Fund Dividend

The PFD belongs in the $50,000 count, and a successor can collect it with the affidavit. According to the Court System, the estate is entitled to the dividend if the person:

• met the requirements in the year before death and applied before the deadline,
• met the requirements in the year before death but died before the application deadline, or
• received a PFD for the previous year, met the requirements in the year of death, and was a resident for at least 180 days right before dying.

The Personal Representative, or a successor under the affidavit, can collect or apply. The deadline is the end of the application period for the dividend year after the death, usually March 31.

Who Can Sign, and What Happens Next

A "successor" is "a person, other than a creditor, who is entitled to property of a decedent under the decedent's will" or the probate code, per AS 13.06.050(48) as printed on P-110. The Court System lists three kinds of successor: the person named as Personal Representative in the will, a beneficiary named in the will, or an heir if there is no will. So a will does not close this route. Creditors cannot use it. If there is no will, who counts as a successor depends on the family members who survive.

Next steps, in order:

1. Confirm every condition above, including the 30 days and that nobody has asked any court to appoint a Personal Representative.
2. Fill out form P-110. Paragraph 1 asks you to state the basis for your claim, such as "I am the surviving daughter and sole heir."
3. Sign under oath before a notary or a court clerk. The Court System says you swear that every statement is true and complete to the best of your knowledge and belief.
4. Give a copy to each holder of the property: the bank, the employer, the transfer agent. P-110 paragraph 8 warns the holder may ask to see a certified death certificate first. The Alaska Department of Health issues certified copies.
5. Deliver what you collect to the people entitled to it under the will, or to the heirs if there is no will.

Nothing is filed with the court. The Court System says that once you present the affidavit, the person or business holding the property "is required by law to give you the property". AS 13.16.680(b) says the same for stock: a transfer agent must change the registered ownership from the decedent to the successor.

What the Affidavit Settles, and What It Does Not

AS 13.16.685, printed on P-110, protects the holder. A bank or business that pays on the affidavit is released as if it had dealt with a Personal Representative, and it does not have to check whether the affidavit is true. If a holder refuses, the people entitled to the property can bring a court proceeding to recover it or compel the transfer.

The same section keeps the successor on the hook. Whoever receives the property is answerable and accountable for it to any Personal Representative appointed later, and to anyone with a better right. The Court System puts it plainly: "You cannot keep the property." If a Personal Representative is appointed after you sign, you hand the property to that person. P-110 paragraph 7 has you acknowledge this in writing.

Vehicles: DMV Form 827

The DMV runs its own version of the affidavit for titled vehicles. Its Deceased Owner page says that for an estate that qualifies, a successor can transfer or sell the vehicle with Form 827, or a similar notarized statement carrying the same information, and that probate is not required. The DMV's added requirements:

• the affidavit must be notarized, and you submit the original;
• the VIN must be written on it;
• the successor must title the vehicle in their own name first before selling or transferring it;
• a lost title needs Form 809 before the transfer.

Title matters here too. On the Court System's chart, a vehicle titled to the person who died "OR" a survivor passes to the survivor on a certified death certificate, outside the estate. A vehicle titled "AND", or to the person alone, is estate property and moves on Letters or the affidavit. Alaska vehicle title transfers covers the DMV side in full.

The Court System also reports that in 2026 the Alaska Legislature passed a law letting owners name one or two beneficiaries on a boat or vehicle title through a DMV application made during life. The DMV's Deceased Owner page, read on September 28, 2026, does not yet describe that procedure, so treat it as a development to watch rather than a route you can use today.

Route Two: Closing a Small Estate Inside a Probate

When the affidavit does not fit, because of land or a total over one of the caps, the Court System's small estate procedure may still shorten the work. It is a probate case. You file an informal probate first, pay the $250 probate of estates filing fee listed on the Court System's fee page, and get appointed as Personal Representative.

Within three months of appointment, the Personal Representative prepares the inventory. The Court System then gives a two-step test:

1. Add the value of each item of estate property and subtract the liens and debts. That is the estate value.
2. Add the homestead allowance, the family allowance, exempt property, probate costs, funeral costs and the medical costs of the last illness.

If step 2 is larger than step 1, the estate qualifies as a small estate. The allowances come from the Court System's glossary:

Together, the Court System says, these can reach "up to $55,000 (or more in some cases)". The allowances belong to a spouse or children, so for a person who left neither, the test comes down to the probate, funeral and last-illness costs alone.

Here is why the route helps. A qualifying estate skips the Notice to Creditors and does not pay creditor claims, and the Personal Representative can transfer the property right away. The rest of an informal probate still applies, including an accounting (or signed waivers from the people affected) and any IRS filings.

To finish, the Personal Representative files form P-350, "Sworn Statement of Personal Representative Closing Small Estate", signed under oath before a clerk or notary. The Court System says notary services are free at all court locations. The statement confirms the estate value, the distribution, and that a copy went to everyone who received property and every interested person with an unpaid claim. The form tells you to attach the Order Closing Estate (P-301) with only the caption filled in. The Personal Representative keeps their powers for one year after filing, and if no proceeding is pending then, the appointment ends with no hearing. One more detail from the Court System's vehicle chart: in a small estate, the DMV also asks for a certified copy of the closing statement to transfer a vehicle.

For the full case, the Alaska probate process walks through filing, appointment and notice, and the probate accounting guide covers the closing paperwork. The Alaska probate timeline shows how these clocks compare with a regular informal probate.

Keeping the Next Estate Under the Caps

The real-property rule makes planning simple to describe. Land that passes outside probate does not close the affidavit, so a recorded transfer on death deed or tenancy by the entirety keeps a modest home from forcing a probate case. Joint accounts with survivorship keep cash out of the $50,000 count. Keeping the next estate under the caps covers those tools.

Frequently Asked Questions

What is the small estate limit in Alaska?

Alaska uses two separate caps, not one figure. Under AS 13.16.680, as the Alaska Court System reproduces it in form P-110 (4/17), the entire estate, less liens and encumbrances, must consist only of vehicles subject to registration worth no more than $100,000 in total and other personal property worth no more than $50,000. The DMV titles its Form 827 for estates of $150,000 or less, but the same form states both caps, so $120,000 of trucks and $10,000 of cash fails even though the total is under $150,000.

Can you use the Alaska small estate affidavit if the person owned a house or land?

Not if the real property has to pass through probate. The Court System's self-help page says the person who died must not have owned any real property, no matter how small its value, unless it passed automatically to someone else because it was held as tenants by the entirety or had a Transfer on Death Deed. Form P-110 has the successor swear that the estate includes no real estate or that the real estate passed automatically.

How long do you have to wait to use a small estate affidavit in Alaska?

Thirty days after the death. AS 13.16.680, as printed in form P-110, requires the affidavit to state that 30 days have elapsed since the death, and the Court System's self-help page lists the same condition.

Do snowmachines, ATVs and boats count toward the $100,000 vehicle cap?

No. The Court System says to count only vehicles that must be registered in Alaska, which generally means cars, motorcycles, trucks, trailers and manufactured homes not permanently attached to land. Snowmachines, ATVs, tractors, off-road equipment and boats are not in that group, so they count toward the $50,000 cap on other personal property instead.

Does the Permanent Fund Dividend count toward the Alaska small estate limit?

Yes. The Court System's self-help page lists the Alaska Permanent Fund Dividend as personal property that counts toward the $50,000 cap. Its asset-transfer page adds that a successor using the affidavit can collect or apply for the dividend of the person who died, with a deadline at the end of the application period for the dividend year after the death, usually March 31.

Do you file the Alaska small estate affidavit with the court?

No. The Court System says the successor signs form P-110 under oath before a notary or a court clerk and gives a copy to each person or business holding the property. No court case opens and no court filing fee applies. Under AS 13.16.685, a holder who pays on the affidavit is released as if it had paid a personal representative.

Related Guides

• The Alaska probate process
• Alaska intestate succession
• Alaska vehicle title transfers
• Avoid probate in Alaska
• Alaska transfer on death deed
• Alaska probate timeline
• Alaska probate accounting

This page describes how Alaska's small-estate routes work rather than advising on one estate. Confirm every figure and form with the Superior Court location in the judicial district where the person lived, or with a licensed Alaska attorney, before you act on it.

Sources:

• Title: Form P-110, Affidavit for Collection of Personal Property of Decedent (reproduces AS 13.06.050(48), AS 13.16.680, AS 13.16.685 and AS 28.10.011). Publisher: Alaska Court System. Publication Date: Form revision 4/17; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-110.pdf
• Title: Collecting Personal Property without a Court Case (Affidavit for Collection of Personal Property). Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/affidavit.htm
• Title: Small Estates. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/small-estates.htm
• Title: Form P-350, Sworn Statement of Personal Representative Closing Small Estate (AS 13.16.690, AS 13.16.695). Publisher: Alaska Court System. Publication Date: Form revision 7/22; accessed 2026-09-28. URL: https://public.courts.alaska.gov/web/forms/docs/p-350.pdf
• Title: Transferring Ownership of Assets. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/transferring-assets.htm
• Title: Glossary of Probate Terms. Publisher: Alaska Court System. Publication Date: Not listed; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/probate/glossary.htm
• Title: Filing Fees & Fee Waiver. Publisher: Alaska Court System. Publication Date: Fee table effective 5/1/2023; accessed 2026-09-28. URL: https://courts.alaska.gov/shc/courtfees.htm
• Title: Deceased Owner. Publisher: Alaska Division of Motor Vehicles. Publication Date: Not listed; accessed 2026-09-28. URL: https://dmv.alaska.gov/vehicle-services/deceased-owner/
• Title: Form 827, Affidavit for an Estate with Assets of $150,000 or Less. Publisher: Alaska Division of Motor Vehicles. Publication Date: Rev. 1/2018. URL: https://dmv.alaska.gov/media/lm3pmukk/827.pdf

It is not legal advice.