Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions § 13.48.070. Revocation by instrument authorized;  revocation by act not permitted

(a) Subject to (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument

(1) is one of the following:

(A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

(B) an instrument of revocation that expressly revokes the deed or part of the deed;

(C) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed;  or

(D) to the extent of the interest transferred by the inter vivos deed, an inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed;  and

(2) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the recording district where the deed is recorded.

(b) If a transfer on death deed is made by more than one transferor,

(1) revocation by a transferor does not affect the deed as to the interest of another transferor;  and

(2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.

(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.

(d) This section does not limit the effect of an inter vivos transfer of the property.

(e) If a recorded power of attorney or the transfer on death deed expressly grants a designated agent of the transferor the power to revoke a transfer on death deed, the designated agent may revoke the transfer on death deed as provided in this section.

Cite this article: FindLaw.com - Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions § 13.48.070. Revocation by instrument authorized;  revocation by act not permitted - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-13-decedents-estates-guardianships-transfers-trusts-and-health-care-decisions/ak-st-sect-13-48-070.html


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