Affidavit For Collection Of Personal Property Of Decedent

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit For Collection Of Personal Property Of Decedent is a commonly used form within Alaska. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Applicability: Affidavit for Collection of Personal Property

Atticus Fast Facts About Affidavit For Collection Of Personal Property Of Decedent

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Collection Of Personal Property Of Decedent:

• This form pertains to the State of Alaska

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Alaska’s Form P-110 - Affidavit For Collection Of Personal Property Of Decedent up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Alaska form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Alaska probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form P-110, take a break, and then review. Probate and estate settlement processes in AK are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form P-110 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form P-110 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit For Collection Of Personal Property Of Decedent to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Alaska Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Alaska.

5 reasons you should submit P-110 as quickly as possible:

1. The sooner you begin, the faster Alaska can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Alaska. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Alaska is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Alaska probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Alaska probate clerk or court for exact answers regarding Form P-110, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Collection Of Personal Property Of Decedent is one of the many probate court forms available for download through Atticus.

It may also be available through some Alaska probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Alaska.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form P-110 - Affidavit For Collection Of Personal Property Of Decedent f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Alaska probate court office.

Affidavit For Collection Of Personal Property Of Decedent is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Alaska-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Alaska Form P-110 - Affidavit For Collection Of Personal Property Of Decedent. You can use this to get an idea of the context of the form and what type of information is needed.

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 successor) 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 property 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 instruments evidencing a debt, obligation, stock or chose in action belonging to the decedent. 7. I understand that when I receive the decedent’s assets, I am accountable for them to any personal 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 State 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 value that does not exceed $100,000; and (B) personal property, other than vehicles described in (A) of this paragraph 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 affidavit. 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 proceeding 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 provided 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 with the provisions of AS 19.10.065; (12) an electric personal motor vehicle.