Iowa Affidavit of Heirship for Motor Vehicle

State:
Multi-State
Control #:
US-OG-179-1
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).
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FAQ

If the estate was not probated but the decedent had a will, under the laws of the State of Iowa and ing to the decedent's will, the person(s) entitled to possession and ownership of the vehicle must apply for a certificate of title and transfer the title to themselves first before selling the vehicle to another ...

In Iowa, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

In Iowa, you can create a revocable living trust to avoid probate for most assets you can own with someone else (real estate, bank accounts, vehicles, etc.). To create a living trust, you need to name a trustor (the person managing the assets) and the trustee (the person benefiting from the assets).

A Bill of Sale (PDF) signed by the seller/transferor is required for all title transfers even if the transfer is a gift. A Buyer/Transferee has 30 days to present the properly assigned title to the County Treasurer so that a title can be issued in the Buyer/Transferee name. Penalties will apply after 30 days.

The most comprehensive strategy to avoid probate is a revocable living trust (RLT). An RLT is essentially a substitute for a will. At your death the property in your RLT passes to your beneficiaries just as it would under a will. However, with a RLT, there is no need to probate your estate.

The need for probate does not normally depend on the size of your estate. For example, if you are the sole owner of any real property, your estate will have to be probated so your heirs will have clear title to the property. This is true no matter how small your estate.

The following documents are required: Decedent's original title, if available. Copy of death certificate., unless the date of death is recorded in the State of Iowa motor vehicle system. Affidavit of Death Intestate (form 411088) signed by next of kin in the presence of a notary.

Once you contact the DMV and have the car title in your name, the car is yours to sell. Selling the vehicle should also be relatively straightforward if you're the executor for the deceased person's estate. The DMV might require certain paperwork and fees before a sale.

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Iowa Affidavit of Heirship for Motor Vehicle