Detailed Answer
Under Iowa law, a decedent’s real property generally requires probate administration before sale. Iowa Code Chapter 633 governs probate. An heir cannot directly sell real estate or allocate sale proceeds without a court-appointed personal representative (executor or administrator).
Here are the key steps and forms:
- Petition for Administration
File a petition in the county probate court under Iowa Code § 633.150 to appoint an executor (if there’s a will) or administrator (if intestate). This petition lists heirs, assets, and requests authority to sell real property. - Waiver of Bond and Consent to Appointment
If all adult beneficiaries agree, they sign a Waiver of Bond and Consent form under Iowa Code § 633.178. This waives the surety bond requirement and speeds up the appointment. - Letters Testamentary or Letters of Administration
Once the court approves, it issues Letters Testamentary (with a will) or Letters of Administration (intestate). These letters legally empower the personal representative to act, including signing deeds. - Order of Distribution
After closing, the personal representative obtains a court Order of Distribution under Iowa Code § 633.310. This order directs how sale proceeds distribute among heirs. - Distribution Instruction and Receipt & Release
The title company or closing agent typically uses a Distribution Instruction Form. Each heir signs a Receipt and Release acknowledging the amount received and releasing the personal representative and closing agent from further liability.
Note: Iowa’s Small Estate Affidavit (Iowa Code § 633.158) covers only personal property and cannot transfer or sell real estate.
Helpful Hints
- Review your county court’s local probate forms and procedures.
- Obtain certified copies of Letters Testamentary or Administration.
- Provide the closing agent with a certified Order of Distribution.
- Keep clear records of each heir’s signature on Waivers and Releases.
- Consult a probate attorney for complex estates or title issues.