Alaska Quitclaim Deed vs Warranty Deed Compared

Alaska quitclaim deed vs warranty deed is not a personality choice. It is two different statutory instruments. A warranty deed under AS 34.15.030 is treated as a fee-simple conveyance with three built-in covenants. A quitclaim under AS 34.15.040 and AS 34.15.050 passes whatever interest the grantor actually has — and implies no warranty that they have anything. At a financed Anchorage closing you almost always see a warranty deed. Quitclaims show up for intra-family cleanups, divorces, and some tax or Native-corporation transfers. Mixing them up is how people think they “bought” a house they only received a maybe on.

If you are the buyer, pre-approval still comes first so the title company and lender are working the same file. Premier Mortgage (NMLS# 1168048) does not pick your deed form, but a loan will not fund on a title product the underwriter will not accept. Subject to credit approval; terms vary.

AS 34.15.030: what a warranty deed is treated as doing

AS 34.15.030(a) gives a short statutory form: the grantor “conveys and warrants” the described real estate. You do not have to spell out covenants in the body.

AS 34.15.030(b) then says a deed substantially in that form, when duly executed, is considered a conveyance in fee simple to the grantee and the grantee’s heirs and assigns, with these covenants by the grantor:

1. At delivery, the grantor is lawfully seized of an indefeasible estate in fee simple and has the right and power to convey
2. At delivery, the premises are free from encumbrances
3. The grantor warrants quiet and peaceable possession and will defend the title against all persons claiming the premises

Those covenants bind the grantor and the grantor’s heirs and personal representative as if written in the deed.

That is the legal reason a retail sale uses a warranty deed. The seller is on the hook, in statute, for seisin, encumbrances, and defense of title. Title insurance and the Alaska title curing process sit on top of that, they do not replace it.

AS 34.15.040 and .050: what a quitclaim actually passes

AS 34.15.040 supplies the quitclaim form: the grantor “conveys and quitclaims … all interest which I (we) have, if any.” Subsection (b) says a deed in that form is a sufficient conveyance, release, and quitclaim of all existing legal and equitable rights of the grantor in the described premises — not a promise that those rights add up to clear fee simple.

AS 34.15.050 then states the effect of quitclaim: a deed of quitclaim and release in the form in common use is sufficient to pass all the real estate which the grantor can convey by a deed of bargain and sale.

Read that twice. A quitclaim is a hose. It moves whatever is in the tank. If the tank is empty, you received an empty hose and a recorded document.

AS 34.15.080 is the matching caution: no covenant is implied in a conveyance of real estate. If you wanted warranty covenants, you needed the warranty form (or express covenants). A quitclaim will not grow them later.

After-acquired title: the ANCSA wrinkle

AS 34.15.075 is the after-acquired-title statute. If a person purports by warranty deed to grant real property in fee, and later acquires title, that later title passes to the grantee by operation of law. The same automatic pass-through applies to a quitclaim only when the land is Alaska Native Claims Settlement Act real property, as that term is defined in the section (land that, at some point in the chain, was conveyed by the federal government under 43 U.S.C. 1601 et seq. to an ANCSA corporation).

For a normal Mat-Su ranch, a later-fixed title defect does not automatically flow through a leftover quitclaim the way it would through a warranty deed. That is one more reason family “we’ll just quitclaim it into the LLC before listing” plans belong in front of a real estate attorney, not a Saturday notary session.

When each deed shows up at an Alaska closing

Warranty deed (typical financed sale)
The purchase contract calls for the seller to convey marketable title. The title company prepares a warranty deed from the vested owners to the buyers (or to the buyers and their lender’s deed of trust). The owner’s and lender’s title policies price the risk of a missed defect. You still want the statutory covenants.

Quitclaim (typical non-retail jobs)

• Adding or dropping a spouse after marriage or divorce
• Moving a house from personal name into a living trust or out of one
• Clearing a former co-owner who has no remaining economic interest
• Some transfers out of a borough tax-deed chain (those already carry extra risk)
• Some ANCSA-related conveyances where the corporation’s practice is quitclaim

A quitclaim at a purchase closing is a yellow light. Ask why the seller will not warrant. Sometimes the answer is innocent (estate personal representative with limited authority). Sometimes the answer is “we are not sure we own all of this.”

In Anchorage platted subdivisions, warranty deeds are the default because the chain is usually boring. On older unplatted parcels, a survey and a curative step may be required before anyone will warrant. That is a timeline issue for your loan, not a reason to accept a quitclaim silently.

How this interacts with your loan and cash to close

Lenders do not fund “hope.” They fund a first-lien position on title they can insure. If the last deed into the seller was a quitclaim from an heir who never probated, the title commitment will list requirements. Those requirements get cured before the warranty deed to you, or the file waits.

Getting pre-approved does not fix title. It does keep the rate lock and the curative work on the same calendar. Premier Mortgage (NMLS# 1168048) can tell you how long a given loan type can tolerate a delayed recording. Get pre-approved before you write on a house with a messy chain.

Sellers who need the deed form explained for a listing can email contact@akhomehq.com or use the contact form. We are not your closing attorney. We can point you at the statute and the title company.

Practical reading list before you sign

1. The title commitment’s Schedule A (who is vested) and Schedule B (what is excepted)
2. The last deed into the current owner — warranty or quitclaim
3. Any outstanding deeds of trust that must be paid at closing
4. Survey exceptions, including possible section-line issues
5. The draft deed the title company will record

If Schedule A and the draft deed do not match the people you think you are buying from, stop. A pretty house in South Anchorage does not cure a missing heir.

Alaska quitclaim deed vs warranty deed at a glance

Topic	Warranty deed (AS 34.15.030)	Quitclaim (AS 34.15.040 / .050)
Statutory words	“Conveys and warrants”	“Conveys and quitclaims … if any”
What passes	Fee simple plus three covenants	Whatever the grantor can convey
Encumbrance promise	Yes, at delivery	No implied covenant (AS 34.15.080)
After-acquired title	Passes under AS 34.15.075	Only for defined ANCSA property under that section
Typical use	Retail sale	Family, estate, cleanup, some special chains

Thinking about buying? Getting pre-approved helps you know your budget before you start shopping. Premier Mortgage (NMLS# 1168048) can help.

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Frequently Asked Questions

Is an Alaska quitclaim deed enough if the seller has lived in the house for 20 years?

Longevity is not seisin. AS 34.15.050 only passes what the grantor can convey. Twenty years of occupancy does not create the three AS 34.15.030 covenants. If you are paying retail price with a loan, ask why the file is not using a warranty deed.

Does title insurance replace a warranty deed in Alaska?

No. Title insurance is a contract with the insurer for covered defects, subject to exceptions. A warranty deed is a set of statutory promises from the grantor. Buyers in a financed sale typically want both. Read the commitment exceptions either way.

Can I use a quitclaim to add my spouse to title before we refinance?

People do, but it can change vesting, homestead, and loan-assumption rules. A refinance underwriter will re-check who must sign. Talk to the title company and your loan officer before you record. Premier Mortgage (NMLS# 1168048) can tell you what the loan file needs; an attorney should draft the deed.

What if the last deed in the chain is a quitclaim but my purchase uses a warranty deed?

That can be fine if title is comfortable the current seller actually holds fee simple. The warranty deed is only as strong as the grantor’s title plus the covenants. If the quitclaim earlier in the chain left a gap, curative work may still be required before you close.

Are digital or “online deed kits” valid under AS 34.15?

Alaska cares about execution, acknowledgment, and recording — not whether a website sold you a template. A kit that uses the wrong statutory form, skips a notary, or misnames the grantor still fails. For anything besides a simple intra-family transfer, use Alaska counsel or the title company’s deed preparation.