Under many circumstances, we cannot remove a name without a recorded document (affidavit, change of title, court officer deed). In the case of a life estate, we can remove the life estate if there is proof that a person is deceased (recorded death certificate).
Many estates are not filed with the clerk of court because spouses will own everything jointly. In the case of property held in joint tenancy with right of survivorship solely with the surviving spouse, an affidavit of surviving spouse may be recorded if the decedent died on or after January 1, 1988 (Iowa Code Section 558.66). For deaths occurring before 1988, we can remove a name based on a recorded death certificate.
For questions about deeds, please call 515-382-7214. Code of Iowa §558.66
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