Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105

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 Release Of Property To Temporary Custodian Under As 12.65.105 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: Temporary Property Custodian

Atticus Fast Facts About Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105:

• 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-120 - Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105 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-120, 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-120 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-120 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 Release Of Property To Temporary Custodian Under As 12.65.105 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.

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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-120 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-120, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105 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-120 - Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105 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 Release Of Property To Temporary Custodian Under As 12.65.105 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-120 - Affidavit For Release Of Property To Temporary Custodian Under As 12.65.105. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 2 AS 12.65.105 P-120 (5/12)(cs) Probate Rule 9.1(a) Affidavit For Release of Property To Temporary Custodian Under AS 12.65.105 Affidavit For Release of Property To Temporary Custodian Under AS 12.65.105 Notice To Person Holding Property of Decedent: Alaska Statute 12.65.105 allows you to release tangible personal property* of the decedent named below to the person who signs this affidavit (the affiant). However, you are not required to do so. If you do release property, you must sign an inventory listing the property, and you should receive from the affiant a copy of the inventory and a copy of this affidavit. If you release the property, you will be discharged from further obligation as though you had dealt with the personal representative of the estate. I, the undersigned affiant, am willing to take temporary custody of the decedent's property. I acknowledge that: a. AS 12.65.105 authorizes me to take custody of tangible personal property* only; b. I am taking custody of the property solely for the purpose of preserving the property until a personal representative of the estate is appointed or until the property can be turned over to the person(s) designated to receive it in the decedent's will (if there is one) or to the decedent's heirs; c. I am answerable and accountable for the property to the personal representative of the decedent's estate, if one is appointed, and to other persons who have a superior right to the property; d. I must prepare an inventory listing all the property I take, state on the inventory where the property will be taken, sign the inventory, and have it signed by the person who releases the property to me. I must then immediately mail or deliver a copy of this affidavit and the inventory to the superior court nearest to (and in the same judicial district as) the decedent's legal residence before death;** and e. After I take the property, if it is not claimed by the personal representative of the decedent's estate or another person having a superior right to the property within three years, and if I have no lawful claim to the property under AS 13.16.005 (as an heir or under the decedent's will), I must notify the Department of Revenue Unclaimed Property Section that I have possession of a decedent's property that appears to have passed to the state under AS 13.12.105 and be subject to AS 34.45.280 - .780 (unclaimed property laws). I swear or affirm under penalty of perjury that the following information is true: 1. Decedent's name Date of death 2. Decedent's domicile (legal residence) at the time of death * In general, tangible personal property does not include money, checks, stocks, bonds, land, houses, fixtures. See, for example, AS 34.45.760. ** If decedent's legal residence at the time of death was outside Alaska, I understand that I must mail or deliver the affidavit and inventory to the Alaska superior court nearest to where the property was located at the time of death (and in the same judicial district as the property). Page 2 of 2 AS 12.65.105 P-120 (5/12)(cs) Probate Rule 9.1(a) Affidavit For Release of Property To Temporary Custodian Under AS 12.65.105 2. My full name is 4. My mailing address is 5. My physical address is 6. My telephone number is 7. My employer is 8. My date of birth is 9. My driver's license number is State or my state identification number is State or my passport number is Country 10. My relationship to the decedent was: (check all that apply) We were related by blood or marriage as follows: We were friends acquaintances co-workers employer-employee business associates We shared a household. Other (explain) 11. The relatives of the decedent that I know of are: Name Address Relationship to Decedent Date Signature of Affiant Subscribed and sworn to or affirmed before me at , Alaska, on . (date) Clerk of Court, Notary Public or other (SEAL) person authorized to administer oaths. My commission expires: Distribution: 1. original to affiant 2. copy to superior court nearest to (and in the same judicial district as) the decedent’s legal residence before death 3. copy to person releasing property