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Iowa - Obrien County Affidavit of Surviving Joint Tenant Form

All Obrien County specific forms listed below are included in your immediate download:


Obrien County Affidavit of Surviving Joint Tenant Form Page 1

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 3/15/2019


Obrien County Affidavit of Surviving Joint Tenant Guide Page 1

Affidavit of Surviving Joint Tenant Guide - Obrien County

Line by line guide explaining every blank on the form.
Included document last updated 3/22/2019


Obrien County Completed Example of the Affidavit of Surviving Joint Tenant Document Page 1

Completed Example of the Affidavit of Surviving Joint Tenant Document - Obrien County

Example of a properly completed form for reference.
Included document last updated 3/6/2019


*The Following Iowa and Obrien County supplemental forms are included as a courtesy with your order.


Real Estate Transfer Declaration of Value

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

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

Transfer Tax

This tax table lists transfer tax rates by amount of consideration.


Iowa Homestead Exemption

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

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Obrien County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Obrien County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Affidavit of Surviving Joint Tenant Forms:

  • Obrien County

Including:

  • Archer
  • Calumet
  • Hartley
  • Paullina
  • Primghar
  • Sanborn
  • Sheldon
  • Sutherland

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What is the Iowa Affidavit of Surviving Joint Tenant?

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.

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Save Time and Money

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.

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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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Notice: You are ordering blank forms, NOT a copy of your existing deed.