Vehicles

What to bring to your county treasurer when
an estate is in probate

• Letters of appointment showing the name of the court-appointed legal representative of the estate.
• Vehicle title in the deceased name assigned by the legal representative. The legal representative (executor or administrator) assigns the title to the transferee on the back of the title by the legal representative with signature and printed name as “seller”. If the original title is not available, the legal representative must apply for a replacement title
• Completed Odometer disclosure and damage disclosure when applicable.
• Completed Application for Certificate of Iowa title (form 411007).
• Appropriate fees.

What to bring to the county treasurer when
there's a will, but the estate is not probated

• The vehicle title in the deceased person's name, if available.
• A copy of the death certificate or other proof of death.
• Completed Affidavit of Death Testate (with a will) (form 411083). This form is signed by the person entitled to possession and ownership of the vehicle under Iowa law. Note this form is required to issue title with “Actual Mileage” for the odometer. Any other affidavits that provide the necessary information will result in title with “Not Actual Mileage.”
• Completed Odometer disclosure and damage disclosure when applicable.
• Completed Application for Certificate of Iowa title (form 411007).
• Appropriate fees.

What to bring to thE county treasurer when
there's no will and the estate is not probated

• The vehicle title in the deceased person's name, if available.
• A copy of the death certificate or other proof of death.
• Completed Affidavit of Death Intestate (without a will) (form 411088). This form is signed by the person entitled to possession and ownership of the vehicle under Iowa law. Note this form is required to issue title with “Actual Mileage” for odometer. Any other affidavits that provide the necessary information will result in title with “Not Actual Mileage.”
• Completed Odometer disclosure and damage disclosure when applicable.
• Completed Application for Certificate of Iowa title (form 411007).
• Appropriate fees.

Q: What is probate?

A: Probate is the legal process of settling a person's estate after they die. It involves verifying the deceased person's will (if there is one), paying any debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries.

Q: Can anyone sign the updated affidavits to change the odometer statement?

A: No. The only person(s) authorized to sign as the agent of the deceased person for the odometer disclosure statement is the “affiant,” (referred to as “heir”).

Q: If I bought the vehicle from an heir and have the title in my name, can I sign the updated affidavit to change the odometer mileage?

A: No. The person who buys the vehicle from the heir does not qualify to sign the updated affidavit and does not qualify under Iowa law to sign the odometer statement as the decedent’s agent.

Q: Will the county treasurers still accept small estate affidavits?

A: Yes, small estate affidavits are still valid ownership documents and can still be accepted as proof a person is entitled to ownership of a vehicle. But the small estate affidavit does not have the required odometer disclosure statement. Customers who want to transfer the vehicle with “ACTUAL” mileage would need to also complete the applicable updated form.

Q: Can an heir using the affidavit process complete the odometer disclosure statement on the back of the title?

A: No, the heir must use the applicable updated form (DOT Form 411083 or 411088) to complete the odometer disclosure statement. The heir has limited authority to act as the decedent’s agent for odometer disclosure statement purposes only. Signing the back of the title would act beyond that authority.

Q: If there is more than one inheritor, do both need to attest to the odometer disclosure?

A: If there are multiple inheritors, then they must all submit an affidavit to attest to their right to own the vehicle and to be jointly listed on the new title. However, as with any other odometer attestation, only one inheritor needs to provide the odometer disclosure.

Q: Is this change allowed if the decedent’s title had not actual miles prior to transferring to their heir?

A: No. If the decedent’s title already had “not actual” miles then the heir’s title will need to retain the “not actual” reading.