What steps do I need to take to re-record or update a joint survivorship deed after co-owners died (Iowa)

Detailed Answer — How title usually passes and the steps to update the public record

When one or more co-owners named on a deed die, what happens to the property depends on how title was held. In Iowa, if the deed granted ownership to the co-owners as joint tenants with right of survivorship (or otherwise included clear survivorship language), the deceased owner’s interest typically passes automatically to the surviving joint tenant(s) by operation of law. That means you usually do not need a full probate administration just to transfer title. To update the county recorder’s records so that the deed shows only the surviving owner(s), follow these common steps.

1. Confirm how the property was owned

Find and read the recorded deed. Look for phrases like “joint tenants with right of survivorship,” “with right of survivorship,” or similar language. If the deed does not contain survivorship language, or if owners held title as tenants in common, the deceased owner’s share generally becomes part of that owner’s probate estate and may need probate or small‑estate procedures to transfer.

2. Get certified death certificate(s)

Obtain an official (certified) death certificate for the deceased co‑owner(s) from the county or state vital records office. The county recorder usually requires a certified death certificate as proof of death to remove a deceased owner from title.

3. Prepare the affidavit or survivorship form the county recorder requires

Most Iowa county recorders accept an affidavit of surviving joint tenant (sometimes titled “Affidavit of Survivorship” or “Affidavit of Right of Survivorship”). That affidavit typically identifies the original deed recording information, states the deceased owner’s name and date of death, and declares that the affiant is the surviving joint tenant entitled to the property. The affidavit must be sworn and notarized. Check your county recorder’s website or contact the recorder for any county‑specific form or language requirements.

4. Prepare and sign any new deed if you want a different record chain

Recording the affidavit will often clear title to show only the survivor(s). If the surviving owner(s) want to change how title is held (for example, to transfer to a single owner, to create a tenancy in common, or to convey to someone else), they should prepare a new deed (typically a quitclaim deed or warranty deed, depending on circumstances) transferring the property from the survivor(s) to the new owner(s). That deed must be signed, notarized, and recorded.

5. Record documents with the county recorder

Take or mail the notarized affidavit, the certified death certificate(s), and any new deed to the county recorder’s office where the property is located. Pay the required recording fee. After recording, the county index should reflect the updated ownership.

6. Handle related issues: mortgages, title insurance, taxes, and utilities

Notify the mortgage lender if a mortgage exists. The lender may require proof of survivorship and may have its own procedures. Contact your title insurance company if you have a title policy; they can advise on insurability of the updated title. Update tax records and utility accounts to avoid future disputes or missed notices.

7. If title is unclear, contested, or the deed used no survivorship language — consider probate or other proceedings

If the deed did not create a survivorship interest, or if multiple people claim the right to ownership, the property interest likely becomes part of the decedent’s probate estate and must be transferred through the probate process (formal probate, small estate affidavit, or summary probate procedures depending on estate size and circumstances). For Iowa probate law and procedures, consult the Iowa probate statutes and a probate attorney. See Iowa probate statutes: Iowa Code Chapter 633 (Probate of Will and Administration).

8. When to consult a lawyer

Seek legal help if any of the following apply: the deed’s wording is ambiguous; multiple potential heirs or co‑owners dispute title; the surviving owner’s identity is unclear; a mortgage or lien complicates transfer; or you need to complete a probate, small‑estate affidavit, or quiet‑title action. A licensed Iowa attorney can draft the needed affidavits or deeds, run a title search, and represent you in court if necessary.

Quick hypothetical example

Hypothetical: Jane and Tom hold a farm as “Jane Doe and Tom Doe, joint tenants with right of survivorship.” Tom dies. Jane should get Tom’s certified death certificate, prepare an affidavit of survivorship referencing the recorded deed, have it notarized, and record the affidavit and Tom’s death certificate with the county recorder. If Jane wants to transfer the farm to her child, she would also prepare and record a new deed conveying the farm to that child.

Helpful Hints — Practical steps and county recorder tips

• Start by locating the recorded deed (available from the county recorder) and read it carefully for survivorship language.
• Order certified death certificate(s) early — county recorder offices require them to process survivorship affidavits.
• Contact the local county recorder’s office before preparing documents. Recorders often post specific affidavit templates, fee schedules, and recording requirements online.
• Use a title search or contact a title company if you’re unsure about liens, mortgages, or other encumbrances.
• Keep originals and certified copies of recorded documents in a safe place. Get certified copies of any newly recorded deed or affidavit for banks, insurers, or for your estate records.
• If the decedent left a will or probate is already open, coordinate with the executor or probate attorney to avoid conflicting filings.
• When you record a new deed, include accurate legal descriptions (lots, section/township/range description, or parcel number) — clerks will reject incomplete descriptions.
• Consider title insurance after a transfer to protect against undisclosed claims or title defects.