Disclaimer: This article is for educational purposes and does not provide legal advice.
Detailed Answer
When a homeowner dies without a will in Iowa, the estate follows the state’s intestate succession rules under Iowa Code Chapter 633. The title transfer process involves identifying heirs, opening probate, obtaining a court order, and recording a new deed.
1. Intestate Succession
Iowa Code §§ 633.212–633.219 govern who inherits property when someone dies intestate. In general:
- A surviving spouse and children share the estate.
- If no spouse or children exist, property passes to parents, siblings, and more distant relatives in a defined order.
For details, see Iowa Code § 633.219 (class of heirs).
2. Probate Process
An interested party files a petition in the county court to open probate and appoint an administrator. The administrator collects assets, notifies creditors, and petitions the court for an order determining heirship under Iowa Code § 633.282. Once the court issues the determination, the administrator distributes property according to statutory shares.
3. Transferring Title
After distribution, each heir must record a deed conveying the decedent’s interest. Common documents include quitclaim deeds or an executor’s deed. Recording occurs at the county recorder’s office. If multiple heirs inherit, they typically hold title as tenants in common.
4. Dealing with Multiple Heirs
If one heir wishes to acquire full ownership, they can negotiate a buy-out or file a partition action under Iowa Code Chapter 646. A partition divides or sells the property when co-owners cannot agree.
Helpful Hints
- Obtain multiple certified death certificates early.
- Search for liens or mortgages at the county recorder’s office.
- Use the small-estate affidavit procedure if the estate qualifies under Iowa Code § 633.215.
- Get a professional appraisal to set fair market value.
- Consider mediation before filing a partition action if heirs disagree.