Benton County Affidavit of Surviving Joint Tenant Form (Iowa)
All Benton County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Benton County compliant document last validated/updated 9/18/2024
Affidavit of Surviving Joint Tenant Guide
Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 9/5/2024
Completed Example of the Affidavit of Surviving Joint Tenant Document
Example of a properly completed form for reference.
Included Benton County compliant document last validated/updated 6/7/2024
The following Iowa and Benton County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Surviving Joint Tenant forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:
Benton County Records
Courthouse - 111 East 4th St, 1st floor , Vinton, Iowa 52349
Hours: 8:00am - 4:30pm Monday through Friday
Phone: (319) 472-3309
Local jurisdictions located in Benton County include:
- Atkins
- Belle Plaine
- Blairstown
- Garrison
- Keystone
- Luzerne
- Mount Auburn
- Newhall
- Norway
- Shellsburg
- Urbana
- Van Horne
- Vinton
- Walford
- Watkins
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Benton 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.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benton County using our eRecording service.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Surviving Joint Tenant forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Iowa or Benton 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.
What type of files are the forms?
All of our Benton 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.
Do I need any special software to use these forms?
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.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
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.
Are there any recurring fees involved?
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)
Our Promise
The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Benton County Affidavit of Surviving Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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Felincia L.
September 28th, 2024
The process was fast and efficient. I did get a bit confused after entering info for my package but soon realized I had completed this part of the process and only needed to leave the page and wait for review of the document and then the invoice. It was pretty simple. After payment of the invoice I was notified that the document had been submitted. A few hours later I received notice that the document was recorded by the city. It was fast!
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HEATHER M.
September 27th, 2024
The guide I needed was very easy to understand and the template was easy to complete. I had a property attorney review the deed before I had it registered and she was impressed. She said she couldn't have written it better herself! Definitely worth the money instead of paying high dollar attorney fees for a simple task.
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Linda D.
September 23rd, 2024
very efficient and easy to use online platform. I reviewed several different sites before I settle on this one. Took my deed to the courthouse today and recorded it with no problems.
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February 4th, 2022
I had a nice surprise seeing how fast the process was to download in a safe manner the documents. The example and guide to fill the original document are very valuable to facilitate the filling in. Thank you!!
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Patricia R.
October 26th, 2022
Very quick to respond with the obvious answers. I asked what form to use when adding my daughter to deed. Answer: talk to an attorney duh.
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June 28th, 2024
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Eric L.
June 28th, 2021
Great service, but still needs some knowledge to complete. Also missing Michigan right to farm paragraph.
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May 21st, 2022
Very easy and fast service for legal forms.
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Donald C.
August 7th, 2020
As promised, my forms were immediately ready for download. The forms were exactly what i wanted. I couldnt be happier and i cant even guess how much money i saved. They were even formatted to the exact font, spacing and margin used by my county. It is obvious a lot of time and effort was put into the preparation of these documents. They are absolutely perfect. Check it out, you wont be disappointed and the price is much less than i expected.
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April L.
November 13th, 2019
The warranty deed forms I received worked fine.
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July 10th, 2020
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June 18th, 2023
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October 15th, 2021
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Debby P.
April 2nd, 2020
First time user and the service was great.. I typically go to recording kiosk at the libraries. This was fast and easy.. I appreciate the great service
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William S.
August 5th, 2020
Assuming that the downloads went without a hitch, the system was easy to follow and execute.
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