| My Account |  |
Affidavit of Surviving Joint Tenant Form - Winnebago 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 - Winnebago 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 - Winnebago County
Example of a properly completed form for reference.
Included document last updated 5/14/2019
*The Following Iowa and Winnebago 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 Winnebago 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 (557 Reviews)
May 20th, 2019
Name: Christine B. B.
Review: The Personal Representatives Deed is definitely a helpful document for my files. I find it need just a little tweaking by deeds.com , There should be more space for the legal description. I did see in the FAQ's you recommend putting it in the Exhibit and this is what I did. Also I couldn't get the year to be accepted and had to write it in. These are just some minor suggestions, on the whole I was grateful to find this document. Thank you.
Reply from Staff on May 21st, 2019
Thank you for your feedback. Sorry to hear that you had trouble with the date field, we will have it reviewed.
May 20th, 2019
Name: Larry J.
Review: we are hoping this is what we need. Thanks
Reply from Staff on May 20th, 2019
Thank you!
May 20th, 2019
Name: Kimberly M.
Review: Great service once again from Deeds.com. I will be using them again in the future.
Reply from Staff on May 20th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
May 20th, 2019
Name: Ronald S.
Review: got what i wanted
Reply from Staff on May 20th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
May 19th, 2019
Name: Peggy G.
Review: This is an easy document to complete and file. Thank you for having the completed sample for review.
Reply from Staff on May 19th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
May 17th, 2019
Name: Janette K.
Review: I ordered a Transfer of Deed on Death document. It was easy to fill in, came with a useful guide and was customized to my county/state. It got the job done and was well worth the money!
Reply from Staff on May 18th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
May 17th, 2019
Name: Sandra B.
Review: Easy and fast. Was able to find the documents needed and saved so much money!!
Reply from Staff on May 17th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
May 17th, 2019
Name: Jeffrey L.
Review: I like using Deeds.com for all of our out-of-state deeds because they make the process almost completely hassle free for us and our clients. I am confident that the service they provide for us is the absolute best anywhere. Because of Deeds.com, we look great to our clients and our people enjoy a level of trust that other firms do not offer them.
Reply from Staff on May 17th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
May 17th, 2019
Name: Bertha V. G.
Review: Great information and very easy to understand.
Reply from Staff on May 17th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
May 17th, 2019
Name: Elizabeth J.
Review: It is very good and I would use the site again.
Reply from Staff on May 17th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!