How to transfer real estate to your child after your wife’s death (Iowa)

Short answer: The exact steps depend on how title to the property was held when your wife died. Common approaches are: (1) if the property passed automatically to you as surviving joint owner, you can sign and record a new deed to your child; (2) if the property was only in your wife’s name, you usually must transfer title through probate (or a summary/affidavit transfer if a small-estate procedure applies). In all cases get a certified death certificate, confirm the title method, prepare the correct deed, notarize it, and record it in the county where the property sits. This article explains the typical paths under Iowa practice and what documents the county recorder and the court usually expect.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For decisions that affect ownership, taxes, or your legal rights, consult an Iowa attorney or your county recorder.

1. First things to check (critical initial steps)

Obtain several certified copies of your wife’s death certificate from the funeral home or the county vital records office. Recorders and courts typically require a certified death certificate.
Find the deed to the property and any recent title search or title insurance policy. The deed shows how title was held (for example: sole ownership in your wife’s name, tenancy in common, joint tenancy with right of survivorship, or other wording).
Search for a will and any probate filings. If your wife left a will naming a personal representative, that person may need to handle the transfer.
Contact the county recorder where the real estate is located and ask about their recording checklist and any local forms or fees. County requirements can vary.

2. Common title scenarios and what to do in each

A. Title held as joint tenants with right of survivorship (or similar survivorship language)

Effect: When one joint tenant dies, the surviving joint tenant(s) automatically own the property. If your wife and you held title together as joint tenants with right of survivorship, the property generally passed to you on her death.

Typical steps to transfer to your child:

Confirm that the deed contains survivorship language or the phrase “joint tenants with right of survivorship.”
Record a certified copy of the death certificate and any local “affidavit of survivorship” form the county recorder requires. Some Iowa counties accept a certified death certificate and a short affidavit from the surviving tenant stating the survivor now owns the property.
Prepare a new deed conveying the property from you (as current owner) to your child. Common forms are a quitclaim deed or a warranty deed—choose the deed type based on the transaction and any title concerns.
Sign the deed in the presence of a notary public. If you are signing as a personal representative (because probate occurred), the deed should be signed in that capacity and you may need to attach recorded Letters Testamentary or other court documents.
Record the new deed at the county recorder’s office and pay the recording fee. Update the property tax records and homeowners insurance as needed.

B. Title held only in your wife’s name (no survivorship)

Effect: If the deed named only your wife, title does not transfer automatically. You generally need to open probate or use another authorized transfer method.

Typical paths:

Probate administration. If the estate goes through probate, the personal representative (executor) appointed by the probate court has authority to transfer real estate. After the court approves a final distribution or specific order, the personal representative signs a deed transferring the property to the named beneficiary (for example, your child). You must record the deed and usually attach a certified copy of the court order or Letters Testamentary.
Small estate or summary procedures. Some estates qualify for simplified procedures when the assets are below statutory thresholds. These rules vary and may or may not apply to real estate. Ask an Iowa probate attorney or the county clerk about any small‑estate alternatives that would avoid formal administration.
Transfer-on-death deed (if one was executed). If your wife executed a valid transfer-on-death (TOD) deed designating your child as beneficiary, that deed may allow transfer without probate. Check whether Iowa law recognizes and enforces such a deed and whether the deed was properly recorded before death.

C. Title held as tenants in common

Effect: Each tenant in common owns a divisible share. A deceased tenant in common’s share usually passes through their estate (by will or intestacy rules).

Typical steps: If your wife owned a share as tenant in common, that share will be distributed according to her will or Iowa intestate succession law if there is no will. The estate’s personal representative will transfer that share by deed to whoever inherits.

3. Documents you will commonly need to record a deed

Certified copy of spouse’s death certificate (multiple copies recommended).
Original or a certified copy of the recorded will (if probate required) and Letters Testamentary or Letters of Administration issued by the probate court.
The existing deed showing prior ownership.
The new deed (properly completed), signed and acknowledged in front of a notary.
Any affidavits or court orders required by county practice (some counties ask for an affidavit of heirship or survivorship).
Payment for recording fees and any transfer taxes or affidavits required by the county.

4. Important practical and legal considerations

Title search or title insurance: Consider ordering a title search so you know whether liens or mortgages exist. A title company can help prepare the deed and handle closing requirements.
Mortgage or lender approval: If there is a mortgage, the lender may have a due-on-sale clause or require payoff or assumption paperwork. Contact the lender before transferring title.
Property taxes: Recording a deed can affect local property tax notices. Notify the county assessor/treasurer of the ownership change.
Gift and estate tax issues: Transferring property to your child can have tax consequences. Talk to a tax advisor for help with potential gift tax, capital gains, and basis issues.
Homestead or spousal rights: Iowa law may give spouse or family members rights to survive or claim an interest in the home. If you expect disputes, consult an attorney.
Use the correct deed form: A quitclaim deed transfers whatever interest you have but provides no warranty. A warranty deed offers greater protection to the buyer. Choose carefully based on your situation.

5. How to practically proceed — a checklist you can follow

Get certified death certificates.
Locate the current deed and title documents; determine how title is held.
Call the county recorder where the property is located and ask for recording requirements (forms, fees, supporting documents they want).
If title passed to you automatically (survivorship), prepare a deed from you to your child; record it with the death certificate and any required affidavit. If title did not pass automatically, consult an Iowa probate attorney about opening probate or using any small-estate procedures.
Have the deed notarized and record it at the county recorder. Keep copies of everything recorded.
Update insurance, mortgage, and property tax records after recording.

6. Where to look for Iowa legal resources

Iowa Legislature (Iowa Code and statutes): https://www.legis.iowa.gov/
Iowa Judicial Branch — probate information and forms: https://www.iowacourts.gov/ (see the probate section for local court contact info and forms)
Your county recorder’s office (search by county on the Iowa state or county website) — they provide recording checklists and fee schedules.

Helpful Hints

Don’t record a new deed until you know who actually owns the property. Recording the wrong deed can create costly disputes.
If you are the surviving joint owner, recording the death certificate quickly avoids questions about title when you later transfer the property to your child.
Keep multiple certified death certificates for the recorder, the probate court, banks, and title companies.
Use a licensed title company or real estate attorney for the deed drafting and closing if liens or mortgages exist.
If you expect family disagreement over the property, consider getting legal advice before recording anything.

When to get a lawyer

Talk with an Iowa probate or real estate attorney if any of the following apply: the deed language is unclear; there is a mortgage or lien; the estate may be contested; you’re unsure if small‑estate procedures apply; there are tax or homestead issues; or you want help preparing a warranty deed with specific legal protections. An attorney can also represent you in court if probate proceedings are needed.

If you want, I can outline the specific documents you will likely need for your county if you tell me the form of the current deed (e.g., solely in your wife’s name, joint tenancy with right of survivorship, or tenancy in common) and whether there is a mortgage on the property.