Detailed Answer
When a decedent owns real estate outside Iowa, Iowa law generally requires ancillary probate in the property’s state. Iowa itself does not offer a summary transfer procedure for real property. However, if all heirs agree and the jurisdiction holding the property has a small estate or affidavit-of-heirship procedure, you may bypass formal ancillary probate. Below are the common steps:
- Confirm Heirs and Agreement. Obtain written, signed consent from every heir. List each heir’s full name, current address, and intended share. This document establishes unanimous agreement.
- Review Iowa Authority and Limitations. Apply for Letters Testamentary or Letters of Administration in the Iowa District Court under Iowa Code §633.238 (https://www.legis.iowa.gov/docs/code/633.238.html). Note: Iowa Code §633.284 (https://www.legis.iowa.gov/docs/code/633.284.html) provides a small estate affidavit for personal property only, not for real estate.
- Research the Out-of-State Procedure. Identify the state where the real property sits. Review that state’s statutes for summary probate, small estate affidavits, or affidavit of heirship for real property. For example, California’s small estate affidavit for real property under $100,000 appears in Cal. Prob. Code §13100 et seq.
- Prepare a Transfer Deed and Supporting Affidavit. Draft a new deed transferring the decedent’s interest to the heirs in agreed proportions. Draft the required affidavit (e.g. small estate affidavit or affidavit of heirship) as allowed by that state. Ensure both documents include certified references to the Iowa probate authority.
- Notarize and Record. Have the deed and affidavit notarized in accordance with the recording county’s requirements. File both documents with the recorder or clerk of the county in which the property is located. Pay any applicable recording fees and transfer taxes.
- Obtain Confirmation and Update Records. Request a certified copy of the recorded deed and affidavit. Distribute copies to each heir. Update property tax records, insurance policies, and homeowners’ association accounts to reflect the new ownership.
Helpful Hints
- Verify the specific affidavit or summary procedures in the state where the property sits before preparing documents.
- Consult a local attorney in the property’s state to confirm compliance with that jurisdiction’s statute and recording rules.
- Keep detailed records of all signed heir consents and court documents.
- Watch for statutory deadlines in both Iowa and the other state to prevent title issues or penalties.
- Consider obtaining title insurance to protect against future title disputes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. To address your situation, consult a licensed attorney in the relevant jurisdiction.