Iowa Renunciation and Disclaimer of Interest in Life Insurance Proceeds

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Multi-State
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US-01697BG
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Description

Disclaimers are used by those who receive property as heirs or legatees in an estate, or by beneficiaries of a non-testamentary transfer of property at death; for example, the beneficiaries of a life insurance policy. A disclaimer is simply a declaration by the person entitled to property that the interest in that property is disclaimed or renounced. A disclaimer allows the disclaiming heir or beneficiary to disclaim an interest in such a fashion that the right to the property that is disclaimed is treated as if it never existed.


The Uniform Disclaimers of Property Interests Act (which has been adopted by a number of states) provides the authority to make disclaimers, what interests may be disclaimed, the time when disclaimers are effective, and the effect on the distribution of the disclaimed property interests.

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FAQ

If the property received by the surviving spouse under subsections 1, 2 and 3 of this section is not equal in value to the sum of fifty thousand dollars, then so much additional of any remaining homestead interest and of the remaining real and personal property of the decedent that is subject to payment of debts and ...

Unless the courts grant you an extension, Iowa Probate Code 633.361 affirms you'll have you three months starting from the day the court appoints you as executor to appraise, report, and inventory the deceased's estate accurately.

How Do You Avoid Probate in Iowa? If the individual has a revocable living trust with estate assets and names a beneficiary, you can avoid probate. You can also skip the process if the individual names a beneficiary for all assets.

To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 633E.

§ 633.356(1) defines a very small estate as having a gross value of $50,000 or less, and it must not contain any real property. Signing ? The affidavit must be signed and sworn before a notary public.

If you die with an ownership interest in any property, your estate generally must be probated whether you have a will or not. The court will determine whether your will is valid or determine who is to receive the property if there is no will. Thus, with or without a will you could end up "in court."

If you have no descendants, your spouse will inherit everything. If you only have descendants from your relationship with your spouse, your spouse will still inherit everything.

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Iowa Renunciation and Disclaimer of Interest in Life Insurance Proceeds