Affidavit of Surviving Joint Tenant (Iowa)

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is a sworn instrument used to update the county transfer books and clear title after the death of one joint tenant. In Iowa, a joint tenancy with full rights of survivorship must be EXPRESSLY stated in the vesting deed (Iowa Code 557.15); absent express survivorship language, co-owners hold as tenants in common and the decedent's interest passes through the estate, not by survivorship. An affidavit of or on behalf of a surviving joint tenant is one of the instruments accepted to update the county transfer books and index under Iowa Code 558.66. Attach a certified copy of the death certificate. This affidavit does not by itself convey title; it evidences the vesting that occurred by operation of law on the Decedent's death.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Iowa

[3-INCH TOP MARGIN REQUIRED FOR RECORDING INFORMATION]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Address Tax Statement To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Iowa Bar No. (if attorney): ___________________

PROPERTY INFORMATION

AFFIANT

STATE OF IOWA
COUNTY OF [COUNTY] , ss.

I, [AFFIANT FULL LEGAL NAME], of [STREET ADDRESS, CITY, STATE, ZIP], being first duly sworn upon oath, depose and state as follows:

1. I am over the age of eighteen (18) years, am competent to testify, and make this Affidavit of my own personal knowledge of the facts stated herein.

2. Relationship / Personal Knowledge. I am the surviving joint tenant of the real estate described in Exhibit A, and I have personal knowledge of the facts recited in this affidavit.

SWORN RECITALS

3. The Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent") died on [__/__/____], at [CITY], [COUNTY] County, [STATE]. A certified copy of the Decedent's death certificate is attached hereto and incorporated herein.

4. Vesting Deed Creating the Joint Tenancy. Title to the real estate described in Exhibit A (the "Property") was vested in the Decedent and the Affiant as joint tenants with full rights of survivorship, and not as tenants in common, by [WARRANTY DEED / SPECIAL WARRANTY DEED / QUIT CLAIM DEED / OTHER] dated [__/__/____], recorded on [__/__/____] in Book _____, Page _____ (or as Document No. _____________) in the Office of the County Recorder of [COUNTY] County, Iowa. The vesting instrument expressly created a joint tenancy with right of survivorship as required by Iowa Code 557.15.

5. Legal Description and Parcel. The Property is located in [COUNTY] County, Iowa, and is legally described in Exhibit A attached hereto and made a part hereof. The Parcel Identification Number is [PARCEL ID].

6. Affiant Is the Surviving Joint Tenant. At the time of the Decedent's death, the Property was owned by the Decedent and the Affiant as joint tenants with full rights of survivorship. The Affiant survived the Decedent and is the surviving joint tenant named in the vesting deed identified in paragraph 4.

7. Vesting of Title by Right of Survivorship. Upon the death of the Decedent, by operation of the right of survivorship under Iowa Code 557.15, all right, title, and interest of the Decedent in the Property terminated and vested in the surviving joint tenant(s). The Affiant is now the sole owner of the Property (or, if more than one joint tenant survives, the Property is owned by the surviving joint tenants identified below):

☐ The Affiant is the sole surviving joint tenant.
☐ The surviving joint tenants are: ________________________________________

8. Request to Update Transfer Books (Iowa Code 558.66). I hereby request that the County Auditor enter this information on the transfer books and index pursuant to Iowa Code 558.66, reflecting ownership of title in the name(s) of the surviving joint tenant(s). In support of that request, the following information is provided as required by Iowa Code 558.66(3)(b):

9. Estate / Inheritance Tax and Liens.

☐ Iowa Inheritance Tax. The Iowa inheritance tax has been repealed for estates of decedents dying on or after January 1, 2025. For a Decedent who died on or after that date, no Iowa inheritance tax is imposed and no Iowa inheritance tax return is required.
☐ For a Decedent who died before January 1, 2025, an Iowa inheritance tax return ☐ is ☐ is not required to be filed, and any applicable Iowa inheritance tax ☐ has been ☐ has not been paid. (Many close relatives are exempt; see Iowa Code 450.9 and 450.22.)
☐ Federal Estate Tax (Form 706). A United States Estate Tax Return (Form 706) ☐ is ☐ is not required to be filed as a result of the Decedent's death. (Selection determines whether a federal estate tax lien may attach to the Property.)
☐ To the best of the Affiant's knowledge, there are no unpaid liens, judgments, or encumbrances against the Decedent that constitute a lien on the Property, except as follows: ________________________________________

10. Statutory Basis. This affidavit is made pursuant to Iowa Code 557.15 (joint tenancy and right of survivorship) and Iowa Code 558.66 (updating county administrative records by affidavit of a surviving joint tenant), for the purpose of evidencing the vesting of title in the surviving joint tenant(s) and updating the county transfer books and index maintained under Iowa Code 558.60.

11. Request to Record. The Affiant requests that this affidavit, together with the attached certified copy of the death certificate, be recorded in the Office of the County Recorder of [COUNTY] County, Iowa, and that the County Auditor update the transfer books and index accordingly.

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

________________________________________
[AFFIANT NAME], Affiant

Subscribed and sworn to (or affirmed) before me on this _____ day of
_________________, 20_____, by [AFFIANT NAME], proved to me on the basis
of satisfactory evidence to be the person who appeared before me.

________________________________________
Notary Public in and for the State of Iowa
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Iowa [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, [SUBDIVISION NAME], an Official Plat, now included in and forming a part of the City of [CITY], [COUNTY] County, Iowa.

• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ North, Range ___ [East/West] of the 5th P.M., [COUNTY] County, Iowa.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Iowa

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

ATTACH a certified copy of the Decedent's death certificate to this affidavit before recording. The death certificate is the primary proof of the Decedent's death that terminates the joint tenancy and vests title in the surviving joint tenant(s).

☐ Certified copy of death certificate attached

IOWA RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Recorder, [COUNTY] County, Iowa (recorder collects auditor transfer fee and forwards information to the County Auditor for entry on the transfer books and index)
• Recording Fee: Varies by county (typically $7.00 per page, plus the auditor transfer fee under Iowa Code 331.507(2))
• No transfer tax / Declaration of Value: A confirmatory affidavit evidencing survivorship is generally not a taxable "conveyance" and ordinarily does not require a Declaration of Value; confirm exemption with the recorder.

Document Requirements

☐ 3-inch minimum top margin for recording information
☐ Sworn before a notary (jurat), dated and sealed
☐ Affiant's signature with typed/printed name below
☐ Names of Decedent and surviving joint tenant(s)
☐ Decedent's date of death
☐ Complete legal description (Exhibit A) and parcel ID
☐ Recording reference to the vesting deed (Book/Page or Document No.)
☐ Certified copy of death certificate attached
☐ Information required by Iowa Code 558.66(3)(b) for transfer-book entry
☐ Legible and reproducible

Statutory References

• Iowa Code 557.15 - Common forms of co-ownership; joint tenancy with right of survivorship
• Iowa Code 558.66 - Updating county administrative records; affidavit of surviving joint tenant
• Iowa Code 558.60 - Transfer books and index
• Iowa Code 331.507(2) - Auditor transfer fees
• Iowa Code 450.22, 450.9, 450.63 - Iowa inheritance tax (repealed for deaths on or after January 1, 2025)
• Iowa Code Chapter 9B - Revised Uniform Law on Notarial Acts

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Iowa Code 557.15; Iowa Code 558.66