DocDraft Logo

Iowa Affidavit of Heirship

Iowa Code Section 558.8 creates a presumption of truth the moment this affidavit is recorded, which the statute says becomes conclusive after three years, but only the owner already in possession of the property may file it at all.

Find out where you stand in Iowa

What brings you to an affidavit of heirship?

DocDraft provides document preparation, not legal advice.

Introduction

An affidavit of heirship is a sworn statement identifying a deceased person's heirs, used to document a family history for the public record rather than to transfer property. Iowa has no chapter that names the instrument; the phrase affidavit of heirship appears nowhere in the Iowa Code. Instead, an heirship recital is recorded under Iowa Code Section 558.8, a two sentence curative title statute that lets an affidavit explain any defect in the chain of title to real estate. Recording it raises a presumption from the date of recording that the stated facts are true, with no waiting period, and the statute goes on to say that after three years of record the presumption becomes conclusive, language no Iowa court decision was found construing. But the same sentence withdraws the right to file from everyone except the owner in possession of the real estate, so an heir who has not taken possession of the property cannot use this affidavit; that heir's route is probate or a court determination of heirship under Section 633.11 during an open estate administration. Iowa title passes to the heirs automatically at death under Iowa Code Section 633.350, so this affidavit records who the heirs are; it does not transfer, convey, or vest title.

Key Things to Know

  1. 1

    In Iowa, only the owner already in possession of the real property may file this affidavit. Iowa Code Section 558.8 grants the right to record an heirship recital solely to 'the owner in possession of such real estate' and withdraws it from everyone else. An heir who has not taken possession, such as an out of state child of a decedent whose house sits empty, is outside the class the statute empowers and must instead use probate or a Section 633.11 determination of heirship during an open administration.

  2. 2

    Recording creates an immediate presumption of truth, with a second clock behind it. Section 558.8 states that recording 'shall raise a presumption from the date of recording that the purported facts stated therein are true,' with no waiting period, and that after three years of record 'such presumption shall be conclusive.' No Iowa court decision testing that conclusive language against an affidavit with no notice to anyone was located, so treat it as the statute's text rather than settled case law.

  3. 3

    This affidavit does not transfer, convey, or vest title to Iowa real property. Under Iowa Code Section 633.350, title passes to the heirs automatically at the decedent's death. Section 558.8 sits in the conveyancing chapter as an evidence statute; it records who the heirs already are, it does not make them owners.

  4. 4

    Iowa's Section 558.8 does not merely omit the two-disinterested-witness rule some title companies use as underwriting practice elsewhere, it affirmatively forbids that model. The statute limits filing to the owner in possession, the single most interested party there is, and bars a disinterested neighbor or family friend from filing at all. It sets no minimum number of affiants and states no personal-knowledge requirement.

  5. 5

    File this affidavit with the recorder of the Iowa county where the real estate is located (Iowa Code Section 558.11; Section 558.41(1)). Iowa offers no choice between the property county and a domicile county the way some states do; the property county is the only proper venue, and recording there is a condition of validity against later purchasers without notice.

  6. 6

    Iowa exempts this affidavit from the acknowledgment step that applies to most recorded documents. Iowa Code Section 558.42 states that affidavits need not be acknowledged before a notary or other officer to be lawfully recorded, even though the affidavit itself is still sworn under oath.

  7. 7

    This affidavit covers real property only and does not overlap with Iowa's small estate affidavit. Under Iowa Code Section 633.356, the small estate affidavit collects a decedent's personal property where the gross personal property is $50,000 or less and, for deaths on or after January 1, 2025, only if there is no real property; the two instruments are mutually exclusive by statute.

Key decisions before you file

Before you file a Affidavit of Heirship in Iowa, a few decisions shape the document: which option to choose and what each one means. The Affidavit of Heirship guide walks through them.

Open the Affidavit of Heirship guide

Customize your Affidavit of Heirship Template with DocDraft

Iowa Affidavit of Heirship (Compact State Terms)

This compact set states the Iowa-specific terms of an Affidavit of Heirship. Use it together with the national Affidavit of Heirship template, which carries the general identification, family-history, and signature provisions.

1. Governing Law. This affidavit is governed by the laws of the State of Iowa.

2. Statutory Basis. Iowa has no chapter that names an affidavit of heirship. This affidavit is recorded under Iowa Code Section 558.8, a curative-title statute that permits an affidavit explaining any defect in the chain of title to real estate. An unrecorded heirship following an intestate death is treated as such a defect for purposes of this section.

3. Affiant. Under Section 558.8, only the owner in possession of the real estate has the right to file this affidavit. No other person, however connected to the family or the property, may file it. Iowa sets no minimum number of affiants and states no personal-knowledge requirement, but the filer must be the owner in possession.

4. Recording. File this affidavit with the recorder of the Iowa county in which the real estate is situated (Iowa Code Section 558.11; Section 558.41(1)). Iowa provides no alternate venue; the property county is the only proper place of record, and recording there is a condition of validity against subsequent purchasers without notice.

5. Evidentiary Effect. Recording this affidavit raises a presumption, from the date of recording, that the facts it states are true (Iowa Code Section 558.8). The statute further provides that after three years from the date of recording, that presumption becomes conclusive. This affidavit evidences the facts stated; it does not itself convey any interest in the real estate.

6. No Transfer of Title. This affidavit does not transfer, convey, or vest title to real property. Under Iowa Code Section 633.350, title to Iowa real property passes to the decedent's heirs or devisees automatically at death. This affidavit records who those heirs are; it does not make them owners.

7. Acknowledgment Not Required. This affidavit need not be acknowledged before a notary public or other officer to be lawfully recorded (Iowa Code Section 558.42), though it is signed under oath.

8. Property Scope. This affidavit addresses real property only. It has no personal-property counterpart under this article, and it is separate from Iowa's small estate affidavit under Section 633.356, which reaches personal property and is unavailable where the decedent owned real property.

9. Execution. This affidavit is signed and sworn before a notary public or other officer authorized to administer oaths in Iowa.

This compact Iowa set supplements the national Affidavit of Heirship template. It is general information, not legal advice; attorney review is available.

Once your Affidavit of Heirship is ready, you can check whether it needs to be notarized in Iowa in about a minute, and notarize it online through DocDraft if it does.

Iowa Requirements for Affidavit of Heirship

Iowa Limits Filing to the Owner in Possession

Iowa Code Section 558.8 grants the right to file this affidavit solely to the owner in possession of the real estate and withdraws it from everyone else, including a disinterested third party. An heir who has not taken possession cannot use this affidavit.

Iowa's Two-Tier Evidentiary Presumption

Recording raises a presumption of truth from the date of recording with no waiting period, and Iowa Code Section 558.8 states that presumption becomes conclusive after three years of record, language no Iowa court decision was found construing.

Iowa Recording With the County Recorder, Property County Only

File this affidavit with the recorder of the Iowa county where the real estate is located (Iowa Code Section 558.11; Section 558.41(1)). Iowa offers no alternate domicile-county venue; the property county is the only proper place of record.

Iowa Acknowledgment Exemption

Iowa Code Section 558.42 exempts this affidavit from the acknowledgment requirement that applies to most recorded documents, even though the affidavit is still signed under oath.

Iowa Affidavit Does Not Transfer Title

Real property passes to Iowa heirs automatically at death under Iowa Code Section 633.350. This affidavit documents who the heirs are for the public record; it does not transfer, convey, or vest title.

Iowa Real Property Only, Boundary With the Small Estate Affidavit

This affidavit addresses real property only. Iowa's small estate affidavit under Section 633.356 reaches personal property and, for deaths on or after January 1, 2025, is unavailable whenever the decedent owned real property, so the two routes are mutually exclusive.

Does your Affidavit of Heirship need to be notarized in Iowa?

Whether a Affidavit of Heirship needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

Check my Affidavit of Heirship

Frequently Asked Questions

No. It does not transfer, convey, or vest title to real property. Under Iowa Code Section 633.350, title passes to the heirs automatically at the decedent's death. The affidavit records who those heirs are for the public record; it does not make them owners.

Only the owner already in possession of the real estate. Iowa Code Section 558.8 grants the filing right to that person alone and withdraws it from everyone else, including a disinterested neighbor or family friend who might sign in other states. The statute sets no minimum number of affiants.

Immediately, with a second clock behind it. Section 558.8 raises a presumption of truth from the date of recording, and the statute states that after three years of record the presumption becomes conclusive. No Iowa court decision applying that conclusive language was found, so treat the three-year point as the statute's text rather than tested law.

That heir cannot file this affidavit. Section 558.8 limits the right to the owner in possession of the real estate. An heir who has not taken possession must instead use probate, such as small estate administration under Iowa Code chapter 635 or full administration under chapter 633, or seek a determination of heirship under Section 633.11 during an open estate.

File it with the recorder of the Iowa county where the real estate is located, under Iowa Code Section 558.11 and Section 558.41(1). Iowa gives no choice of a domicile county; the county where the property sits is the only proper venue.

It is sworn under oath, but Iowa Code Section 558.42 exempts affidavits from the acknowledgment step that most recorded documents require. That is a real difference from states that require a notarial acknowledgment before recording.

No, and in Iowa they cannot overlap. The small estate affidavit under Iowa Code Section 633.356 reaches only personal property, and for deaths on or after January 1, 2025 it is unavailable whenever the decedent owned real property. An affidavit of heirship exists for real property only.

Recording with the county recorder is a separate step from updating the county auditor's transfer books. Iowa Code Section 558.66(3) lists the specific instruments a recorder must accept for updating those books, such as a probate certificate of title or a surviving joint tenant affidavit, and a Section 558.8 affidavit is not among them; Section 558.66(4) states that an instrument recorded under that section is not a muniment of title.