Iowa Forms

Clay County Affidavit of Surviving Joint Tenant Form

Clay County Affidavit of Surviving Joint Tenant Form

Clay County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 7/23/2025
Clay County Affidavit of Surviving Joint Tenant Guide

Clay County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.

Document Last Validated 4/30/2025
Clay County Completed Example of the Affidavit of Surviving Joint Tenant Document

Clay County Completed Example of the Affidavit of Surviving Joint Tenant Document

Example of a properly completed form for reference.

Document Last Validated 8/22/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Clay County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Clay County Recorder
Address:
County Administration Bldg - 300 W 4th St, Suite 3
Spencer, Iowa 51301

Hours: 8:00am to 4:30pm M-F

Phone: (712) 262-1081

Recording Tips for Clay County:
  • Verify all names are spelled correctly before recording
  • White-out or correction fluid may cause rejection
  • Check that your notary's commission hasn't expired

Cities and Jurisdictions in Clay County

Properties in any of these areas use Clay County forms:

  • Dickens
  • Everly
  • Fostoria
  • Gillett Grove
  • Greenville
  • Peterson
  • Royal
  • Spencer
  • Webb

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Clay County

How do I get my forms?

Forms are available for immediate download after payment. The Clay County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Clay County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Clay County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Clay County?

Recording fees in Clay County vary. Contact the recorder's office at (712) 262-1081 for current fees.

Questions answered? Let's get started!

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)

Important: Your property must be located in Clay County to use these forms. Documents should be recorded at the office below.

This Affidavit of Surviving Joint Tenant meets all recording requirements specific to Clay County.

Our Promise

The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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