Detailed answer — step-by-step overview under Iowa law

When a parent dies without a will (intestate) and real estate was titled only in the parent’s name, Iowa law requires certain probate steps before clear title can move into the heirs’ names. The basic path is:

1. Confirm how the property was titled.

   Look at the deed on file at the county recorder. If the deed names the deceased as sole owner, probate is usually required. If the deed showed joint tenancy with right of survivorship, or a transfer-on-death (TOD) designation, or a life estate, those rules may let title pass outside probate. Contact the county recorder or review the deed to check.

2. Get certified death certificates.

   You will need multiple certified copies of the death certificate to present to banks, the recorder, and the court.

3. Determine whether small-estate procedures apply.

   Iowa has simplified procedures for small estates and specific affidavits or summary administration paths in some situations. If the estate (or the real property) falls within those limits, you may avoid full probate. Check Iowa probate resources or talk to a probate clerk to see if you qualify. See Iowa Judicial Branch probate self-help for forms and rules: https://www.iowacourts.gov/for-the-public/self-help/probate/.

4. Open an intestate probate estate (if required).

   If simplified procedures do not apply, a personal representative (often called an administrator) must be appointed by the county probate court (Iowa district court handles probate). The administrator is responsible for collecting assets, paying valid debts and taxes, and distributing remaining property to heirs according to Iowa’s intestacy rules.

5. Identify the heirs and distribution shares.

   Iowa’s intestacy rules determine who inherits. Typically, if the deceased left children and no surviving spouse, the children inherit the estate. If a spouse survives, the spouse may share in distributions. The probate court will apply Iowa intestacy law to determine each heir’s share.

6. Address liens, mortgages, and debts.

   The administrator must notify creditors and resolve valid claims before final distribution. Any mortgage or lien on the property must be addressed—heirs can take title subject to the mortgage, refinance, or sell to pay debt.

7. Obtain a court order or prepare a deed transferring title.

   After the court approves distribution, the administrator or the heirs will typically record either a court order or a deed that conveys the property to the heirs. The deed must be properly signed, notarized, and recorded in the county where the property is located.

8. Record the transfer with the county recorder.

   Recording clears public title records. Bring the recorded probate order or new deed and any required transfer forms to the county recorder’s office to update the ownership information.

9. Pay transfer taxes, update property tax records, and handle practical matters.

   Contact the county assessor to update the tax rolls and determine any reassessment or homestead exemptions. Notify insurance companies and utility providers, and update title insurance if necessary.

For the official Iowa probate law text and general provisions relating to decedents’ estates, see Iowa Code, Chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf. For court procedures and forms, see the Iowa Judicial Branch probate self-help center: https://www.iowacourts.gov/for-the-public/self-help/probate/.

Common scenarios and what they mean

• Deed showed joint tenancy with right of survivorship:

  Title usually passes automatically to the surviving joint owner(s) and probate may not be necessary. Confirm with the county recorder and get a certified death certificate to record the change.

• There was a transfer-on-death deed or beneficiary designation:

  If a valid TOD deed named beneficiaries, the property passes under that designation without probate. TOD laws and formalities must be followed exactly—check the recorded deed language.

• No will, property in sole name:

  Probate to appoint an administrator and court-supervised distribution is typically needed. The court follows intestate succession rules to transfer title to heirs.

• Mortgage or tax issues exist:

  Outstanding mortgage payments or property taxes do not disappear. Heirs should confirm any lender requirements and whether sale, refinancing, or assumption is necessary.

Helpful hints

• Collect original deed(s), death certificate(s), the property tax bill, mortgage statement, and any recent title insurance.
• Visit the county recorder’s office or website to view the recorded deed and any recorded beneficiary or transfer-on-death documents.
• Ask the clerk of the local district court about small-estate affidavits or summary procedures that may speed transfer without full probate: Iowa Judicial Branch Probate.
• Notify the mortgage lender early to learn whether they will allow heirs to assume the loan or if payoff is required.
• Keep clear records of all probate filings, receipts, and communications—these are often required by the court before distribution.
• Consider hiring a probate attorney if the estate has significant debts, complex assets, multiple heirs, disputes, or unclear title issues. An attorney can prepare pleadings, represent you at court hearings, and help clear title.

Where to get official forms and local help

Start with the Iowa Judicial Branch probate self-help pages for basic forms and instructions: https://www.iowacourts.gov/for-the-public/self-help/probate/. For statutory law, see Iowa Code Chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf.

You can also contact your county district court clerk or the county recorder for local filing requirements and recording fees.