When the heirs or persons entitled to inherit the property of an estate subject to tax under this chapter desire to avoid the appointment of a personal representative as provided in section 450.21, and in all instances where real estate is involved and there are no regular probate proceedings, they or one of them shall file under oath the inventories required by section 633.361 and the required reports, perform all the duties required by this chapter of the personal representative, and file the inheritance tax return. However, this section does not apply and a return is not required even though real estate is part of the assets subject to tax under this chapter, if all of the assets are held in joint tenancy with right of survivorship between husband and wife alone, or if the estate exclusively consists of property held in joint tenancy with the right of survivorship solely by the decedent and any individuals listed in section 450.9 as individuals that are entirely exempt from Iowa inheritance tax and the estate does not have a federal estate tax obligation. When this section applies, proceedings for the collection of the tax when a personal representative is not appointed shall conform as nearly as possible to proceedings under this chapter in other cases.
[S13, § 1481-a3; C24, 27, 31, 35, 39, § 7328; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 450.22]
83 Acts, ch 177, § 9, 38; 89 Acts, ch 251, §36; 99 Acts, ch 151, §46, 89
Referred to in § 450.12, 633.31, 633.481, 635.7
1999 amendment is effective July 1, 1999, for estates of decedents dying on or after that date; 99 Acts, ch 151, §46, 89
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