633.356 - DISTRIBUTION OF PROPERTY BY AFFIDAVIT.

        633.356  DISTRIBUTION OF PROPERTY BY AFFIDAVIT.         1.  When the gross value of the decedent's personal property does      not exceed twenty-five thousand dollars and there is no real property      or the real property passes to persons exempt from inheritance tax      pursuant to section 450.9 as joint tenants with right of      survivorship, and if forty days have elapsed since the death of the      decedent, the successor of the decedent as defined in subsection 2      may, by filing an affidavit prepared pursuant to subsection 3 or 8,      and without procuring letters of appointment, do any of the following      with respect to one or more particular items of personal property:         a.  Receive any particular item of property that is tangible      personal property of the decedent.         b.  Have any particular item of property that is evidence of a      debt, obligation, interest, right, security, or chose in action      belonging to the decedent transferred.         c.  Collect the proceeds from any life insurance policy or any      other item of property for which a beneficiary has not been      designated.         2.  "Successor of the decedent" means:         a.  If the decedent died testate, the beneficiary or      beneficiaries who succeeded to the particular item of property of the      decedent under the decedent's will.  For the purposes of this      subsection the trustee of a trust created during the decedent's      lifetime is a beneficiary under the decedent's will if the trust      succeeds to the particular item of property under the decedent's      will.         b.  If the decedent died intestate, the person or persons who      succeeded to the particular item of property of the decedent under      the laws of intestate succession of this state.         3.  To collect money, receive tangible personal property, or have      evidences of intangible personal property transferred under this      chapter, the successor of the decedent shall furnish to the holder of      the decedent's property an affidavit under penalty of perjury stating      all of the following:         a.  The decedent's name, social security number, and the date      and place of the decedent's death.         b.  That at least forty days have elapsed since the death of      the decedent, as shown by an attached certified copy of the death      certificate of the decedent.         c.  That the gross value of the decedent's personal property      does not exceed twenty-five thousand dollars and there is no real      property or the real property passes to persons exempt from      inheritance tax pursuant to section 450.9 as joint tenants with right      of survivorship.         d.  A description of the property of the decedent that is to      be paid, transferred, or delivered to the successor.         e.  The name, address, and social security number of the      successor of the decedent to the described property, and whether the      successor is under a legal disability.         f.  If applicable, that attached copy of the decedent's will      is the last will of the decedent and has been admitted to probate or      otherwise filed in the office of a clerk of the district court.         g.  That no persons other than those listed in the affidavit      have a right to the interest of the decedent in the described      property.         h.  That the affiant requests that the described property be      paid, delivered, or transferred to the successors of the decedent to      the described property.         i.  That the affiant affirms under penalty of perjury that the      affidavit is true and correct.         More than one person may execute an affidavit under this      subsection.         4.  If the decedent had evidence of ownership of the property      described in the affidavit and the holder of the property would have      the right to require presentation of the evidence of ownership before      the duty of the holder to pay, deliver, or transfer the property to      the decedent would have arisen, the evidence of the ownership, if      available, shall be presented with the affidavit to the holder of the      decedent's property.         If the evidence of ownership is not presented to the holder of the      property, the holder may require, as a condition for the payment,      delivery, or transfer of the property, that the successor provide the      holder with a bond in a reasonable amount determined by the holder to      be sufficient to indemnify the holder against all liability, claims,      demands, loss, damages, costs, and expenses that the holder may incur      or suffer by reason of the payment, delivery, or transfer of the      property.  This subsection does not preclude the holder and the      successor from dispensing with the requirement that a bond be      provided, and instead entering into an agreement satisfactory to the      holder concerning the duty of the successor to indemnify the holder.         Judgments rendered by any court in this state and mortgages      belonging to a decedent whose personal property is being distributed      pursuant to this section may, without prior order of court, be      released, discharged, or assigned, in whole or in part, as to any      particular property, and deeds may be executed in performance of real      estate contracts entered into by the decedent, where an affidavit      made pursuant to subsection 3 or 8 is filed in the office of the      county recorder of the county wherein any judgment, mortgage, or real      estate contract appears of record.         5.  Reasonable proof of the identity of each successor of the      decedent seeking distribution by virtue of the affidavit shall be      provided to the satisfaction of the holder of the decedent's      property.         6.  If the requirements of this section are satisfied:         a.  The property described in the affidavit shall be paid,      delivered, or transferred to the successor of the decedent's interest      in the property.         b.  A transfer agent of a security described in the affidavit      shall change registered ownership on the books of the corporation      from the decedent to the person listed on the affidavit as the      successor of the decedent's interest.         If the holder of the decedent's property refuses to pay, deliver,      or transfer any property or evidence thereof to the successor of the      decedent within a reasonable time, the successor may recover the      property or compel its payment, delivery, or transfer in an action      brought for that purpose against the holder of the property.  If an      action is brought against the holder under this subsection, the court      shall award attorney's fees to the person bringing the action if the      court finds that the holder of the decedent's property acted      unreasonably in refusing to pay, deliver, or transfer the property to      the person as required by this subsection.         7.  If the requirements of this section are satisfied, receipt by      the holder of the decedent's property of the affidavit under      subsection 3 or 8 constitutes sufficient acquittance for the payment      of money, delivery of property, or transferring the registered      ownership of property pursuant to this chapter and discharges the      holder from any further liability with respect to the money or      property.  The holder may rely in good faith on the statements in the      affidavit and has no duty to inquire into the truth of any statement      in the affidavit.         If the requirements of this section are satisfied, the holder is      not liable for any debt owed by the decedent by reason of paying      money, delivering property, or transferring registered ownership of      property pursuant to this chapter.         8. a.  When a deceased distributee is entitled to money or      property claimed in an affidavit presented under this section with      respect to a deceased person whose estate is being administered in      this state, the personal representative of the person whose estate is      being administered shall present the affidavit to the court in which      the estate is being administered.  The court shall direct the      personal representative to pay the money or deliver the property to      the person identified by the affidavit as the successor of the      deceased distributee to the extent that the court determines that the      deceased distributee was entitled to the money or property under the      will or the laws of intestate succession.         b.  When the department of human services is entitled to money      or property of a decedent pursuant to section 249A.5, subsection 2,      and no affidavit has been presented by a successor of the decedent as      defined in subsection 2, within ninety days of the date of the      decedent's death, the funds in the account or other property, up to      the amount of the claim of the department, shall be paid to the      department upon presentation by the department or an entity      designated by the department of an affidavit to the holder of the      decedent's property.  Such affidavit shall include the information      specified in subsection 3, except that the department may submit      proof of payment of funeral expenses as verification of the      decedent's death instead of a certified copy of the decedent's death      certificate.  The amount of the department's claim shall also be      included in the affidavit, which shall entitle the department to      receive the funds as a successor of the decedent.  The department      shall issue a refund within sixty days to any claimant with a      superior priority pursuant to section 633.425, if notice of such      claim is given to the department, or to the entity designated by the      department to receive notice, within one year of the department's      receipt of funds.  This paragraph shall apply to funds or property of      the decedent transferred to the custody of the treasurer of state as      unclaimed property pursuant to chapter 556.         9.  The procedure provided by this section may be used only if no      administration of the decedent's estate is pending.  
         Section History: Recent Form
         91 Acts, ch 36, §6; 2001 Acts, ch 140, §3--5; 2004 Acts, ch 1015,      §2--6; 2006 Acts, ch 1104, §3