Heirship Affidavit - Descent - Iowa 2025

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If the person did not have a will or trust, often a close relative will handle any probate. If the person was married when they died, their spouse is often the person. Or, if they have adult children, then an adult child.
If you die without a will in Iowa, your children will receive an intestate share of your property. The size of each childs share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent (See the table above.)
Not having a will means that the default rules of your state for how your estate is divided and who gets custody of your minor children rather than your choice. This is expensive, meaning your heirs may get less money and it takes longer for them to get anything.
When a person dies without a will, Iowa Code provides a surviving spouse with an exclusive right for 20 days to file with the court a petition to initiate administration of the estate. Other heirs in succession, starting with surviving children, if any, have an additional 10 days to file such a petition.
In some cases, the property may even need to go through probate in order to be transferred. Additionally, if there is more than one heir to the property, not having an Affidavit of Heirs can lead to disagreements or disputes between the heirs.

People also ask

An affidavit of heirship is a legal document used to transfer property left by a deceased individual. Typically completed by a family member or close friend of the deceased, this person must have family knowledge and be able to verify the identities of heirs.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerks office, or you may need to have an attorney or legal services firm create one for you.

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