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If someone you love died owning a house in Des Moines, here's what most families learn too late: Iowa's small-estate affidavit cannot transfer real estate. If the deceased owned the house solely in their name, the estate will need to go through probate before anyone can legally sell it. That sounds daunting, but it's a well-worn path — and houses in exactly this situation are what we deal with every day.
We'll help you figure out which path fits — and if the estate is stalled, how to get it moving.
When someone dies owning Iowa real estate solely in their name, title doesn't automatically pass to the family — it takes a court process. The small estate affidavit (§ 633.356) that works for bank accounts and vehicles (personal property up to $50,000, 40-day wait) explicitly cannot transfer real estate. Property held in joint tenancy with right of survivorship passes automatically to the surviving owner. A transfer on death deed, if recorded before death, also avoids probate.
Everything else goes through the Polk County District Court. Smaller estates may qualify for the streamlined small estate administration. (General information, not legal advice — a local probate attorney can confirm your path quickly.)
Related: Polk County guide · Probate & Inherited guide · Sell my house fast in Des Moines · Stop foreclosure in Des Moines · Back property taxes in Des Moines
Not until someone has legal authority — but opening probate now is usually straightforward, and the house can often be sold during the process.
You have options: buy each other out, agree to sell, or sell your individual interest. We've worked through all three.
No — we buy as-is, contents and all.
Let's talk it through. We'll give you a straight answer and a clear look at every option — no pressure, no obligation.