The real substitute for joint tenancy
Alaska's transfer-on-death deed, codified at AS § 13.48.010 and following, does more work in Alaska than the equivalent deed does in most other states. Because Alaska simply doesn't allow joint tenancy with survivorship for real estate between unmarried co-owners, the TOD deed functions as the actual, practical substitute: two unmarried co-owners can each execute their own TOD deed naming the other as beneficiary. When one of them dies, the other immediately receives the deceased owner's interest — effectively accomplishing much the same outcome joint tenancy would provide in nearly every other state.
Real property only, nothing else
Alaska's TOD deed statute broadly covers "an interest in real property located in this state which is transferable on the death of the owner" — but the property genuinely must be real property. A vehicle or a mobile home, which aren't real property, cannot be transferred this way at all, even though they're the kinds of assets that could freely carry joint tenancy with survivorship as personal property elsewhere in Alaska law.
Simple recording, no probate for the beneficiary
A transfer of real estate under an Alaska TOD deed is nontestamentary, meaning real estate subject to a valid TOD deed transfers automatically to the beneficiary when the owner dies. Instead of navigating a probate proceeding, the beneficiary needs only to file a survivorship affidavit or similar document, along with a certified copy of the death certificate, in the land records to establish that the owner has died and clear the title.
Multiple beneficiaries default to equal shares
If an Alaska TOD deed names multiple beneficiaries, the default rule gives each one an equal, undivided share with no right of survivorship between them — if one beneficiary is named alongside another and both outlive the owner, they simply each take their proportional share outright. An owner can change this default by specifically including different language in the deed, such as directing that the beneficiaries take as joint tenants with right of survivorship among themselves instead.
Joint owners with survivorship still come first
If two or more owners hold Alaska real estate with right of survivorship — meaning tenancy by the entirety or a community property agreement, since ordinary joint tenancy isn't available — a deceased owner's interest automatically passes to the surviving owner or owners regardless of what any TOD deed on the property says. The TOD deed only becomes effective once the last surviving owner with that kind of survivorship right has died.
Creditor claims and a 12-month deadline
If the transferor's probate estate is insufficient to satisfy allowed claims, statutory allowances, and the expenses of administration, the TOD-deeded property may still be reached by those claims — but a proceeding to enforce them must be commenced within 12 months of the transferor's death. Property transferred this way may also be subject to Medicaid estate recovery claims by the State of Alaska, so anyone who has received or may receive Medicaid benefits should consult an elder law attorney before relying on a TOD deed as part of that kind of planning.
The rules that make this deed necessary in the first place
See our guide to Alaska real estate ownership rules for the fuller picture of why unmarried Alaska co-owners rely on this deed so heavily, including a genuinely distinctive piece of the deed's own legislative history.