Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.153 - Assignment; conveyance; transfer

Current through May 31, 2024
(a) A request for a
				  transfer of an entry permit under
				  AS
				  38.09.030(c)(1) must be
				  accompanied by either an order from a probate court determining to whom the
				  permit should be transferred, or the certified copy of a probate court document
				  appointing the applicant the personal representative of the entryperson's
				  estate. The director may extend the time for acts required under the entry
				  permit for the lesser of two years or a length of time equal to the interval
				  between the death of the entryperson and the settlement of the estate.
				  Additional extensions may be granted upon a showing of justifiable delay in the
				  estate settlement. No extensions may be made under this section unless the
				  department is notified, in writing, of the death of the entryperson before the
				  expiration or termination of the entry permit.
(b) A request to transfer an entry permit
				  under AS
				  38.09.030(c)(2) must be
				  accompanied by proof of marriage.
(c) A request to transfer an entry permit
				  under AS
				  38.09.030(c)(3) must be
				  accompanied by a certified copy of an order of the court.
(d) In accordance with
				  AS
				  38.09.030(c)(4), an entry
				  permit may be transferred to a member of the entryperson's immediate family or
				  to a grantee only if an extreme emergency occurs or if an illness disables the
				  entryperson. The entry permit may be transferred to a grantee only if no member
				  of the immediate family is eligible, capable, and willing to assume the entry
				  permit. The entryperson shall submit a sworn statement and, in the case of an
				  illness which disables the entryperson, a doctor's certificate, to establish
				  that the conditions of the requested transfer are met.
(e) A transferee of an entry permit which is
				  transferred under
				  AS
				  38.09.030(c), other than a
				  member of the immediate family, must meet the residency and age requirements of
				  AS
				  38.09.030(a)(1).
(f) If the operation of
				  AS
				  38.09.030(c) places a person
				  in the position of holding more than one homestead entry permit simultaneously,
				  the terms and conditions of each entry permit must be complied with
				  independently in order to gain patent to each homestead. No person may take
				  patent to more than one homestead for which the entry permit was transferred
				  under the provisions of
				  AS
				  38.09.030(c).
(g) A request for transfer of a homestead
				  entry permit must be accompanied by a filing fee adopted by the commissioner. A
				  transfer does not take effect until it is approved in writing by the
				  director.
(h) All restrictions and
				  procedures applicable to the transfer of an entry permit under this section are
				  applicable to the transfer of a purchase contract executed under
				  AS
				  38.09.090.
(i) A request to transfer a homestead entry
				  permit by exchange between parties in the same homestead area must include the
				  notarized signature of each party.
(j) For the purposes of this section
(1) an "extreme emergency" means an event or
				  situation not reasonably foreseeable, and may not be based on mere financial
				  considerations, or relocation for personal or business reasons. Mere
				  expediency, convenience, or the best interests of the entryperson do not
				  constitute an extreme emergency;
(2) an "illness" means the holder of an entry
				  permit is physically or mentally incapable of complying with the terms of the
				  homestead program for a period of not less than one year;
(3) "member of the immediate family" means
				  the entryperson's spouse, mother, father, sister, brother, daughter, or
				  son;
(4) "transfer" means any
				  movement of a right, title, or interest under an entry permit from one party to
				  another, and includes an assignment or conveyance.