Affidavit For Distribution Of Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit For Distribution Of Property is a commonly used form within Iowa. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit For Distribution Of Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Distribution Of Property:

• This form pertains to the State of Iowa

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Iowa’s Form PMF 800 - Affidavit For Distribution Of Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Iowa form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Iowa probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PMF 800, take a break, and then review. Probate and estate settlement processes in IA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PMF 800 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PMF 800 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit For Distribution Of Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Iowa.

5 reasons you should submit PMF 800 as quickly as possible:

1. The sooner you begin, the faster Iowa can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Iowa. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Iowa is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Iowa probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Iowa probate clerk or court for exact answers regarding Form PMF 800, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Distribution Of Property is one of the many probate court forms available for download through Atticus.

It may also be available through some Iowa probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Iowa.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PMF 800 - Affidavit For Distribution Of Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Iowa probate court office.

Affidavit For Distribution Of Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Iowa-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Iowa Form PMF 800 - Affidavit For Distribution Of Property. You can use this to get an idea of the context of the form and what type of information is needed.

PMF 800 AFFIDAVIT FOR DISTRIBUTION OF PROPERTY The undersigne d as “successor(s) of the decedent” as defined by Section 633.356(2) of the Code of Iowa is authorized, without procuring letters of appointment, to receive any particular item of property that is tangible personal property of the decedent; 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; and collect the proceeds from any life insurance policy or any other item of property for which a beneficiary has not been designated. PURSUANT TO SECTION 633.356(3), the following information is being furnished to the holder of the decedent’s property: 1.The decedent’s name is ____________________________; decedent's social security number is __________________; the date of death was _______________________, 20 _____; and place of death was ________________________________________ . 2.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. 3.The gross value of the decedent’s personal property that would otherwise be distributed by will or intestate succession is or has been, at any time since the decedent’s death, $50,000 or less and there is no real property or the real property passes to persons exempt from Iowa inheritance tax as joint tenants with full rights of survivorship. 4.A general description of the property of the decedent that is to be paid, transferred, or delivered to each successor is as follows (provide general description of property): _____________________________________________________________________ 5. Listed below are the names, addresses, tax identification numbers, and relationship to the decedent of each successor as defined in Iowa Code Section 633.356(2) and whether any of said successors is under any legal disability: Name Address Tax ID Relation Legal Disability (Y/N) 6.(Check One). a.__ Attached is a copy of the decedent’s last will which has been delivered to the office of a clerk of the district court in accordance with Iowa law. b.__ The decedent died intestate. 7.No persons other than those listed as successors in this affidavit has a superior right to the interest of the decedent in the described property. 8. The affiant requests that the described property be paid, delivered or transferred to or for the benefit of each successor. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated this day of , 20 . ______________________________________ Affiant PMF 800 COMMENTS 1. The affidavit must be signed by at least one of the successors, defined in §633.356(2). If the decedent died testate, successors for these purposes are those who are the reasonably ascertainable beneficiaries who succeeded to the item of property under the decedent’s will. If the decedent died intestate, the successors for these purposes are those who are the reasonably ascertainable persons who succeeded to the property under the Iowa laws of intestate succession. If the decedent received medical assistance benefits from the state, the Iowa Medicaid agency that provided the benefits is also a successor pursuant to subsection 8.. 2. If the decedent died testate, admit the will to probate or file the will with the clerk, and attach a copy to this affidavit. §633.356(3)(a)(6). 3. Attach a certified copy of the death certificate. §633.356(3)(a)(2). 4. The holder of the decedent's property has the right to require presentation of the same evidence of ownership (e.g. title or certificate) that the decedent would have been required to provide, and if not presented, to demand sufficient bond to indemnify the holder against all liability, claims, demands, loss, damages, costs and expenses that the holder could incur by reason of payment, transfer or delivery of the property. §633.356(4). If the holder of the property makes such a demand, consider the use of a “Receipt and Indemnification” which may be the most efficient method for facilitating the distribution of titled assets such as bank accounts, safe deposit box contents and other non-vehicle assets. See PMF 800A. 5. The holder of the decedent's property has the right to require reasonable proof of the identity of each successor seeking distribution. §633.356(5). 6. This affidavit can be filed with the County Recorder as evidence of authority to release or assign court judgments or mortgages held in favor of the decedent, or to execute a deed in satisfaction of a real estate contract. §633.356(4)(c). 7. The holder of the decedent's property is entitled to rely in good faith on the statements made in the affidavit. §633.356(7). 8. The procedure provided by this affidavit may only be used if no administration of the decedent's estate is pending. §633.356(9). 9. The affiant may request transfer of the property to someone authorized to accept the property on behalf of the successors (e.g. law firm trust account). §633.356(6). 10. This affidavit procedure can also be used to gather information needed to decide whether probate administration of the decedent’s estate is necessary. §633.356(10).