| My Account |  |
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 9/17/2019
Affidavit of Surviving Joint Tenant Guide - Obrien County
Line by line guide explaining every blank on the form.
Included document last updated 9/20/2019
Completed Example of the Affidavit of Surviving Joint Tenant Document - Obrien County
Example of a properly completed form for reference.
Included document last updated 9/5/2019
*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.
4.7 out of 5 (858 Reviews) September 22nd, 2019
Name: Mark S.
Review: No Brainer. Easy to use. Good service. I recommend this.
Reply from Staff on September 22nd, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
September 21st, 2019
Name: Tai H.
Review: Great service. Save me a time and effort in filling out LA County Quitclaim Deed.
Reply from Staff on September 21st, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 20th, 2019
Name: Therese L.
Review: Good instructions and example
Reply from Staff on September 20th, 2019
Thank you!
September 20th, 2019
Name: Anthony C.
Review: I am filing a Personal Representative Deed. Haven't used the forms yet but the package sent is comprehensive and appears easy to follow. A bit help to someone who has never done this.
Reply from Staff on September 20th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 20th, 2019
Name: Eleanor E.
Review: Not knowing I could down load these forms, I first went to the local recording office thinking I could get info on the forms I needed. I was told that obviously you dont know what you are doing so find someone who does. This snippy clerk obviously didnt know the forms were accessible on line; either that or she was needing to feel her phony superiority.
Reply from Staff on September 20th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
September 19th, 2019
Name: Gail W.
Review: Deeds.com had the forms I needed, along with completed examples. Fast download. Easy to use site. Thanks!
Reply from Staff on September 19th, 2019
Thank you!
September 19th, 2019
Name: GERALD P.
Review: Product is as advertised. Most beneficial is including detailed instructions and examples. Most other options did not include instructions.
Reply from Staff on September 19th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
September 19th, 2019
Name: Alan S.
Review: Very easy. Worked well. Will be glad to use the service again.
Reply from Staff on September 19th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 18th, 2019
Name: CLAUDE G.
Review: just what I needed Thank You
Reply from Staff on September 19th, 2019
Thank you!
September 16th, 2019
Name: alena t.
Review: It was quick and easy to print and download the forms I needed.
Reply from Staff on September 16th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!