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Affidavit of Surviving Joint Tenant Form - Obrien County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 4/30/2019
Affidavit of Surviving Joint Tenant Guide - Obrien County
Line by line guide explaining every blank on the form.
Included document last updated 5/1/2019
Completed Example of the Affidavit of Surviving Joint Tenant Document - Obrien County
Example of a properly completed form for reference.
Included document last updated 5/14/2019
*The Following Iowa and Obrien County supplemental forms are included as a courtesy with your order.
Real Estate Transfer Declaration of Value
According to Iowa law, a Declaration of Value, stating the full consideration paid in certain non-exempt real estate conveyances, must be submitted to the county recorder at the time a deed, contract, instrument, or other writing is presented for recording. A version to be filled in online as well as a print version of the form are available. Both include instructions, but make sure to consult the Detailed Filing Instructions as well.
Real Estate Transfer Groundwater Hazard Statement
This form must be presented to the county recorder when the document to be recorded is filed. The recorder shall forward the original to the transferee when the recorded instrument is returned.
Transfer Tax
This tax table lists transfer tax rates by amount of consideration.
Iowa Homestead Exemption
If you are an Iowa resident property owner and live in the property for 6 months or longer each year, you may qualify for a Homestead exempition. This can reduce your property taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Obrien County Affidavit of Surviving Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
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May 22nd, 2019
Name: Robert S B.
Review: I would not have ordered this form had I realised how limited the fields are for details. There is no room for elaboration of terms. The language only allows one grantor and one grantee, and the gender and quantity default construction is a poor choice. Be basic, but leave room for more.
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May 21st, 2019
Name: willie B.
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May 21st, 2019
Name: Sherilynne P.
Review: I am delighted with the form. I just had to go through so much time and expense in order to use it. First, from your site I downloaded Adobe Acrobat. It totally compromised my computer. I had to get a computer expert to walk me through deleting adobe, and put a substitute on in order to use the form. That was an expense of $60.00. Then after that I still had a hard time getting the program to work, as the substitute program would not accept my e-mail address and I finally had to get someone on line to help me access that. I found it was a $$30.00 charge for the substitute. After fighting these lovely roadblocks, I was finally able to fill in the only form I needed and print it off. Took me two days to accomplish that. Why on earth do you offer adobe when it can compromise a computer so badly? Dealing with my husbands death and then having to deal with this, just one of many deterrents, well let's put it this way, it did not make my two days.
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May 21st, 2019
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Review: I filled out the Xfer on Death Deed and turned it in to the County Recorder - everything went well. I did NOT like the Huge Print over like a stamp of "DEEDS.COM" on some of the material - it just made it hard to read.
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