Detailed Answer
When a person dies owning property in another state, Iowa law treats the heirs as taking title immediately upon the decedent’s death. Under Iowa Code § 633.202, title to intestate property vests in the heirs without any action. To transfer that inherited interest, heirs must execute a valid deed in the jurisdiction where the property sits.
The most common instrument for heirs is a quitclaim deed. A quitclaim deed transfers whatever interest each heir holds, without warranties of title. Iowa courts recognize out-of-state quitclaim deeds as long as they comply with the recording state’s formalities. In Iowa, quitclaim deeds are governed by Iowa Code § 558.20.
If the buyer requires title assurances, heirs can use a special warranty deed. This deed limits warranties to defects arising during the heirs’ ownership and is authorized by Iowa Code § 558.33. General warranty deeds, which guarantee against all title defects, are less common for heir transfers.
Key requirements for any deed under Iowa Code chapter 558 include:
- Grantor(s) and grantee(s) names exactly as they appear in title records
- Accurate legal description of the property
- Signatures of all grantors, acknowledged before a notary public
- Proper execution and attestation to meet Iowa’s recording statutes
Recording the Deed
To record, submit the original signed and notarized deed to the county recorder in the county where the property is located. Include:
- Original deed with all signatures and acknowledgments
- Recording fees and any transfer tax forms required by the recording jurisdiction
- A completed transmittal form if the county requires one
After recording, the county recorder will stamp the deed with the book and page or document number. This public record confirms the heirs’ conveyance of their interests.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Verify whether the out-of-state jurisdiction requires additional acknowledgments or forms.
- Obtain an updated title search to confirm all heirs are included on the deed.
- Use an attorney or title company if you need warranty protections beyond a quitclaim.
- Ensure the legal description matches the recorded parcel description exactly.
- Keep copies of all recorded documents and fee receipts for your records.