Example of a properly completed form for reference.
Included Des Moines County compliant document last validated/updated 6/7/2024
Courthouse - 513 N Main St / PO Box 277, Burlington, Iowa 52601
Hours: 8:00am to 4:30pm Mon-Fri
Phone: (319) 753-8221
Forms are available immediately after submitting payment.
Immediately after you submit payment, the Des Moines County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
This indicates the most recent date when at least one of the following occurred:
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Des Moines County including margin requirements, content requirements, font and font size requirements.
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Des Moines County that you need to transfer you would only need to order our forms once for all of your properties in Des Moines County.
Often when a deed is recorded, additional documents are required by Iowa or Des Moines County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
All of our Des Moines County Affidavit of Surviving Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
No. Nothing to cancel, no memberships, no recurring fees.
Transferring Title to Iowa Real Estate after a Joint Tenant Dies
Joint tenancy is a form of ownership where two or more people share title rights to a specific parcel of real property. If one joint tenant dies, his/her portion of property rights transfers to the remaining owners by function of law. If there are multiple surviving co-owners, they each receive an equal share of the rights. Property held in joint tenancy does not pass to the owners' estates in a will. Therefore, it avoids distribution via the probate process.
Iowa Code 558.66 (2013) governs the different requirements for completing the transfer of title rights under joint tenancy. Specifically, the living joint tenant may execute and record an affidavit of surviving joint tenant, which the recorder attaches to the previously recorded deed. An affidavit is a document containing statements, made under oath, which identify the person presenting the material (affiant); the name of the surviving co-owner (often the affiant); details about the deceased owner; the legal description of the property being transferred; recording information from the deed granting joint tenancy; and a request to update the records with the county auditor ( 558.66(3)(b)). In addition, many people include an official copy of the deceased owner's death certificate.
Completing this process is an essential step in preserving a clear chain of title to the property, meaning that there is an unbroken history of owners, which reduces the likelihood of unexpected claims of rights to the real estate. A clear chain of title also makes the property easier to sell or mortgage because title agencies will provide the insurance that is usually required as part of the sale. In addition, because grantors (owners) must sign deeds when property is sold or otherwise conveyed, the recorded affidavit serves as evidence proving why one of the named owners cannot sign the transfer.
Real estate held in joint tenancy is often one aspect of an overall estate plan. Good practice dictates frequent updates of items such as wills, trusts, and other associated documents. As such, executing an affidavit of surviving joint tenant soon after a co-owner dies protects the rights and interests of everyone involved by ensuring that the relevant land records contain the most current information.
Each situation is unique, so for complex issues or with additional questions, please contact a local real estate attorney or other estate planning professional.
(Iowa Affidavit of Surviving Joint Tenant Package includes form, guidelines, and completed example)
