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Law Books for Probate Alternatives

Probate Alternatives

Probate is not always necessary.

There are a variety of reasons why probate may not be required.  If the estate is particularly small, you may be able to use an affidavit for distribution or small estate affidavit.


In addition, if all property is jointly owned by the decedent and another person, the property likely passes directly to that other person.  Similarly, bank and retirements accounts and other property may have a beneficiary designation allowing property to automatically be transferred to a surviving beneficiary.


It's also possible to transfer real estate to someone but reserve a life estate.  In this case, the person who receives the property subject to a life estate simply files an affidavit stating that the life estate has ended.


The availability of these probate alternatives is dependent on state laws and may vary widely from state to state.  Below are more detailed descriptions of probate alternatives available in Iowa and Missouri.

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We assist with probate administration but also help families settle estates when probate is unnecessary or an alternative will be more effective or efficient.

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State Specific Probate Alternatives

Alternatives to Probate in Iowa

Iowa Map

Alternatives to Probate in Missouri

Missouri Map

Affidavit for Distribution

Affidavit to Establish Title

Affidavit to Establish Title

In Iowa, if an estate has less than $50,000.00 in total value at any point and no real estate, the heirs or beneficiaries can provide an Affidavit for Distribution to anyone in possession of the estate assets, such as a bank, and they are required to turn the funds over the heirs or beneficiaries.

Affidavit to Establish Title

Affidavit to Establish Title

Affidavit to Establish Title

Missouri allows heirs and beneficiaries to transfer property with an Affidavit to Establish Title, often referred to as a Small Estate Affidavit, when the estate does not exceed $40,000.00 in value.  The affidavit does have to be filed with the probate court but does not require a lengthy probate process.

Joint Ownership

Joint Ownership

Joint Ownership

When two people own property jointly in Iowa they are both considered the owners of the property and become the sole owner upon the death of the other owner.  This is true for personal property, such as bank accounts, and also for real property, such as a house or farmland. However, for real estate, the deed or other document transferring title to the joint owners must  state that the owners are joint owners with right of survivorship. Transfers after January 1, 2015, to married couples in Iowa are presumed to transfer the property as joint tenants with right of survivorship, unless the transfer document states otherwise. An affidavit must be filed with in the county recorder's office to change the names on the title.

Joint Ownership

Joint Ownership

Joint Ownership

When two people own property together in Missouri they are considered co-owners of the property and upon the death of one, the other becomes the sole owner.  This is true for personal property, such as bank accounts, and also for real property, such as a house or a farm. In relation to real estate, the document transferring title to the joint owners must  state that the owners are joint owners with right of survivorship. Missouri recognized tenancy by the entirety which means married couples in Missouri are presumed to be joint tenants with right of survivorship, unless the transfer document states otherwise.  An affidavit must be filed with in the county recorder's office to change the names on the title.

Payable on Death Designation

Payable on Death Designation

Payable on Death Designation

Some types of property allow for a payable on death (POD) designation to state who will receive the property upon the owner's death.  These designations may also be referred to as a Transfer on Death (TOD) or beneficiary designation.  Iowa law recognizes such designations in relation to personal property, such as bank, credit union, and retirement accounts but not for real property.

Payable on Death Designation

Payable on Death Designation

Payable on Death Designation

Some types of property may have a payable on death (POD) designation stating who the property should be transferred to upon the death of the owner.  These designations may also be referred to as a Transfer on Death (TOD) or beneficiary designation.  Missouri law allows for such designations for personal property, as well as real property. Deeds naming beneficiaries for real property are referred to as beneficiary deeds.

Reserved Life Estate

Reserved Life Estate

Reserved Life Estate

An owner of real estate, whether residential, commercial, or agricultural, may transfer their property to another person but reserve the use and enjoyment of the property for the current owner's life. The life estate owner continues to pay the taxes, insurance, and for upkeep for the property, but upon their death, the real estate becomes titled in the name of the transferee, or remainderman. The transfer of the interest after the life estate  cannot be revoked. 

Reserved Life Estate

Reserved Life Estate

Reserved Life Estate

An owner of real estate may transfer their property to another person but reserve the use and enjoyment of the property for the rest of the current owner's life. The life estate owner continues to pay the taxes, insurance, and for upkeep for the property, but upon their death, the real estate becomes titled in the name of the transferee, or remainderman. Unlike a beneficiary deed discussed above, a transfer a transfer reserving a life estate cannot be revoked. 

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