Section 11 AAC 67.153 - Assignment; conveyance; transfer(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.Eff. 5/31/84, Register 90; am 8/16/89, Register 111Authority:AS 38.05.020
AS 38.05.035
AS 38.09.030
AS 38.09.110