Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for legal guidance.
Detailed Answer
If your deceased parent is the sole name on the deed, you must trace how title passes under Iowa law. Follow these steps:
- Obtain and review the recorded deed. Visit the county recorder’s office (or website) where the property lies. Pull the chain of title to confirm your parent held legal title as sole owner.
- Check for a will or codicil. Search probate court records in the county of your parent’s residence. A valid will can direct who inherits property. If you locate a will, follow the executor’s instructions to open probate and transfer title.
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Apply intestate succession rules if there’s no will. Under Iowa Code § 633.219, property passes to heirs in this order:
- Surviving spouse, if any.
- Children equally, if no spouse.
- Parents and then siblings, if no spouse or children.
(Link: Iowa Code § 633.219)
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Open probate or use summary administration. If the estate’s real and personal property totals $50,000 or less, you may qualify for a small-estate affidavit under Iowa Code § 633.296. That allows heirs to avoid full probate. Otherwise, file a probate petition and appoint a personal representative to distribute assets.
(Link: Iowa Code § 633.296) - Transfer title. After probate or affidavit process completes, file a new deed or affidavit of heirship with the county recorder. Include certified death certificate and court documents showing your right to inherit.
Helpful Hints
- Gather your parent’s death certificate and all deed copies before filing anything.
- Search online county recorder portals for deed images and indexing.
- Confirm the estate’s total value to see if you qualify for a small estate affidavit.
- Keep all originals and certified copies of court orders and affidavits.
- Consult a local probate attorney if you face disputes or complex assets.