Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Automatic Transfer of Real Property in Iowa
Under
- Joint tenancy with right of survivorship: When one owner dies, the property automatically goes to the surviving joint tenant.
- Tenancy by the entirety: A form of joint ownership for married couples that includes survivorship rights.
- Transfer-on-Death (TOD) deeds: Allows a property owner to name one or more beneficiaries to inherit real estate upon death without probate. See Iowa Code chapter 558B.
- Life estates: The grantor retains a life estate and names remainder beneficiaries who receive the property automatically after death.
These nonprobate methods streamline title transfer, avoid probate fees and reduce court involvement.
2. Why Probate the Will?
Even if some real estate passes automatically, a will remains necessary to distribute other assets held solely in the decedent’s name. A valid will does not itself transfer legal title. Probate serves to:
- Validate the will under Iowa Code chapter 633.
- Identify and notify heirs and creditors.
- Inventory and appraise assets held in the decedent’s name alone.
- Pay outstanding debts, taxes and administration expenses.
- Authorize the personal representative to distribute remaining property according to the will.
- Issue court orders that clear title for real estate not passing by survivorship or TOD deed.
If real property is not in joint tenancy, tenancy by the entirety, or covered by a TOD deed, probate is required to transfer title to heirs or beneficiaries.
3. Probate Process Overview
- Filing a petition for probate with the district court in the county where the decedent resided (Iowa Code § 633.238).
- Appointment of a personal representative (executor).
- Notifying creditors and publishing notice to unknown claimants.
- Collecting, inventorying and appraising assets.
- Paying valid claims and final expenses.
- Distributing remaining assets and closing the estate.
Probate provides a clear, court-supervised process to settle the decedent’s affairs and clear title for all property governed by the will.
Helpful Hints
- Examine your deeds and titles to see if real property already passes by survivorship.
- Consider using a Transfer-on-Death deed for any real estate you want to pass outside probate.
- Consult an attorney before changing ownership forms or drafting beneficiary deeds.
- File the will with the probate court promptly after death to avoid statutory deadlines.
- Keep the original deed in a safe place and notify beneficiaries where to find it.