Transferring Title to Iowa Real Estate after a Joint Tenant Dies

Joint tenancy is a form of ownership where two or more people share title rights to a specific parcel of real property. If one joint tenant dies, his/her portion of property rights transfers to the remaining owners by function of law. If there are multiple surviving co-owners, they each receive an equal share of the rights. Property held in joint tenancy does not pass to the owners' estates in a will. Therefore, it avoids distribution via the probate process.

Iowa Code 558.66 (2013) governs the different requirements for completing the transfer of title rights under joint tenancy. Specifically, the living joint tenant may execute and record an affidavit of surviving joint tenant, which the recorder attaches to the previously recorded deed. An affidavit is a document containing statements, made under oath, which identify the person presenting the material (affiant); the name of the surviving co-owner (often the affiant); details about the deceased owner; the legal description of the property being transferred; recording information from the deed granting joint tenancy; and a request to update the records with the county auditor ( 558.66(3)(b)). In addition, many people include an official copy of the deceased owner's death certificate.

Completing this process is an essential step in preserving a clear chain of title to the property, meaning that there is an unbroken history of owners, which reduces the likelihood of unexpected claims of rights to the real estate. A clear chain of title also makes the property easier to sell or mortgage because title agencies will provide the insurance that is usually required as part of the sale. In addition, because grantors (owners) must sign deeds when property is sold or otherwise conveyed, the recorded affidavit serves as evidence proving why one of the named owners cannot sign the transfer.

Real estate held in joint tenancy is often one aspect of an overall estate plan. Good practice dictates frequent updates of items such as wills, trusts, and other associated documents. As such, executing an affidavit of surviving joint tenant soon after a co-owner dies protects the rights and interests of everyone involved by ensuring that the relevant land records contain the most current information.

Each situation is unique, so for complex issues or with additional questions, please contact a local real estate attorney or other estate planning professional.

(Iowa Affidavit of Surviving Joint Tenant Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Surviving Joint Tenant

Document succession of interest in community property
Facilitate the removal of a decedent's name from a deed
Support the transfer of property to surviving heirs
Provide proof of death to a title company or lender
Clear title defects caused by a missing death record
Record evidence of a property owner's passing with the county

Compare other Iowa deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Trustee Warranty Deed Court Officer Deed Affidavit of Individual Trustee Affidavit of Corporate Trustee Purchaser Affidavit Mineral Deed Mineral Deed with Quitclaim Covenants Real Estate Mortgage and Promissory Note Release of Real Estate Mortgage Assignment of Real Estate Mortgage Real Estate Contract-Installments Full Release of Real Estate Contract Memorandum of Contract Full Release of Memorandum of Contract General Power of Attorney Limited Power of Attorney for the Purchase of Real Property Limited Power of Attorney for the Sale of Real Property Disclaimer of Interest Certificate of Trust Contractor Notice to Owner Claim of Mechanics Lien Verified Statement of Account Notice to Primary Contractor Subcontractor Notice to Owner Subcontractor Claim of Mechanics Lien Certificate of Satisfaction Conditional Lien Waiver upon Progress Payment Unconditional Waiver upon Progress Payment Conditional Lien Waiver on Final Payment Unconditional Waiver on Final Payment

Important: County-Specific Forms

Our affidavit of surviving joint tenant forms are specifically formatted for each county in Iowa.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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