How Iowa Probate Works When Assets Pass by Right of Survivorship

Disclaimer: This is educational information only and not legal advice. For advice about a specific case, consult a licensed Iowa attorney.

Detailed Answer

In Iowa, the probate inventory that a personal representative (executor) files with the probate court generally covers only assets that are part of the decedent’s probate estate. Assets that pass automatically to a surviving owner by right of survivorship—commonly held as joint tenancy with right of survivorship, or otherwise titled to pass on death—are usually nonprobate and do not become part of the estate. That means they normally are not included as estate assets on the probate inventory.

Why: Probate inventory rules in Iowa are designed to account for property that the court must administer under the Iowa Probate Code. Property that transfers automatically on the owner’s death (for example, joint bank accounts titled to the decedent and another person as joint tenants with right of survivorship, or real estate titled with a right-of-survivorship form of ownership) leaves the decedent’s estate by operation of law and is not controlled by the probate court’s administration.

Legal references: the Iowa Probate Code governs administration of probate estates; see Iowa Code Chapter 633 for the probate administration rules and requirements (including inventories and duties of the personal representative). For general court guidance about probate procedures in Iowa, see the Iowa Judicial Branch probate information pages.

Useful links:
Iowa Code, Chapter 633 (Probate Code)
and
Iowa Judicial Branch — Probate information.

Common examples of nonprobate (right-of-survivorship) property

• Bank accounts titled jointly with right of survivorship.
• Real estate held as joint tenants with right of survivorship (or similar survivorship deed).
• Vehicles jointly titled where the surviving co-owner succeeds by operation of law.
• Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death (POD) or transfer-on-death (TOD) accounts).

When you might still need to mention survivorship assets in probate

• If the institution has not transferred the asset to the surviving owner, or the survivor cannot access it without a court order, the court may need to be informed.
• If a joint title or beneficiary designation is disputed (for example, competing claims that the decedent retained an ownership interest), the property may effectively be treated as part of the estate until the dispute is resolved.
• If you are preparing an estate accounting or responding to creditor claims, it is often wise to disclose known nonprobate transfers so interested parties and the court understand what passed outside administration.

Practical steps to take

• Check titles and account agreements. Look at the deed, bank account signature card, and beneficiary forms to confirm whether the asset was designated to pass by right of survivorship.
• Obtain certified death certificates. Financial institutions usually require a death certificate to remove the decedent’s name and transfer assets to the survivor.
• Talk to the institution. Ask what documentation they need to re-title or transfer the asset to the surviving owner.
• Do not assume: if there is any dispute about ownership or a creditor claim against the estate, consult an Iowa probate attorney before moving large assets.
• Consider including a schedule of nonprobate transfers with your probate filings, if your court or judge prefers full disclosure. Even if not required, it can reduce confusion and future disputes.

When to consult an Iowa attorney

Speak with an attorney if any of the following apply:

• Title or beneficiary designations are ambiguous or contested.
• Creditors or other heirs are challenging distributions.
• Financial institutions refuse to transfer assets without a court order.
• You are unsure whether an account is truly held as joint tenancy with right of survivorship under Iowa law.

Helpful Hints

• Label documents: Keep a folder with deeds, account statements, and beneficiary forms to show what passes outside probate.
• Get copies: Order several certified copies of the death certificate—most institutions require them.
• List nonprobate items informally: Even if you do not put survivorship assets on the formal inventory, prepare a separate list of nonprobate transfers for the personal representative’s records and for interested parties.
• Act carefully with funds: If the surviving joint owner has access, do not spend or distribute disputed funds until you are sure the transfer is valid and no creditor or legal claims exist.
• Ask early: Contact the probate clerk or an attorney early to learn any local court preferences about disclosure of nonprobate assets.

Bottom line: In Iowa, assets that pass by right of survivorship generally are nonprobate and do not go on the court’s probate inventory as estate assets. However, document the transfers, be ready to show proof, and consult an attorney if the ownership is unclear or contested.