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Small estate affidavit in Iowa (2026)

In Iowa, heirs can collect up to $100,000 without probate with a sworn affidavit (Distribution of property by affidavit - very small estates (Iowa Code 633.356)). You must wait 40 days after the death. Real estate: not covered. Last checked .

Iowa at a glance

Affidavit cap
$100,000
Applies to
from 2026-07-01 (effective date of 2026 HF 2660; the act states no date-of-death rule)
Value counted
Gross value (debts not subtracted)
Waiting period
40 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Administration of small estates (Iowa Code ch. 635) (up to $200,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Iowa cap for this date of death

    $100,000

    A worked example for Iowa

    Say a parent who lived in Iowa died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from April 10, 2026.

    The rules in Iowa

    • The affidavit. After 40 days, a successor gives the holder of the decedent's personal property an affidavit under penalty of perjury with a certified death certificate, and the holder must pay, deliver or re-register the property. No court filing (only a will must be delivered to the district court clerk).
    • Cap. Personal property passing by will or intestacy must be $100,000 or less (raised from $50,000 on July 1, 2026), and the decedent's probate assets must include no real estate.
    • What counts. Gross value of the decedent's personal property that would pass by will or intestacy, at any time since death; the probate assets must be personal property only, with no interest in real estate.
    • What doesn't count. Property with a designated beneficiary, POD and joint-survivorship assets pass outside the will/intestacy and do not count. Any probate interest in real estate disqualifies the affidavit.
    • Earlier caps. $50,000: before 2026-07-01 (no real property allowed for deaths on or after 2025-01-01; for deaths before 2025-01-01, real property passing to inheritance-tax-exempt joint tenants was allowed)
    • Waiting period. At least 40 days must have passed since the death, shown by an attached certified death certificate.
    • Conditions. No administration pending. Affidavit lists successors, states no one else has a right to the property, that any Medicaid debt to the Department of Health and Human Services and any creditors will be paid from funds received, and (deaths before 2025) inheritance tax; a will must be delivered to the clerk and a copy attached. Holder may require a bond if ownership evidence is missing.
    • Who can sign. A 'successor': beneficiaries under the will (incl. a trustee of a living trust taking under the will) or intestate heirs; any one of several successors may sign. The Iowa Medicaid agency is a successor if no affidavit is presented within 90 days.
    • Court filing. Presented to the holder; filed with the county recorder only to release judgments/mortgages of record, and with the clerk only in the deceased-distributee case.

    Houses, land and vehicles

    • Real estate. Not available if the decedent's probate assets include real estate; land goes through small estate administration (gross probate assets up to $200,000) or regular probate.
    • Vehicles. Without probate, heirs retitle through the county treasurer with the title, death certificate and Iowa DOT Affidavit of Death Testate (411083) or Intestate (411088); a small estate affidavit is accepted but lacks the odometer statement.

    When the affidavit isn't enough

    When gross probate assets in Iowa are $200,000 or less, the clerk issues letters on petition and the estate runs on simplified rules: inventory, closing by sworn statement, 30-day objection window, clerk closes without court order, personal representative fee capped at 3%.

    Good to know in Iowa

    • 2026 HF 2660 (signed 2026-04-16, effective 2026-07-01) raised the cap to $100,000 and requires probate assets to be personal property only. The online Iowa Code 2026 printout still shows $50,000; the change comes from the enrolled act and the 2026 Summary of Legislation.
    • HF 2660 did not amend 633.356(9), which still refers to $50,000 for the holder's value-disclosure step.
    • Iowa repealed inheritance tax for deaths on or after 2025-01-01; tax statements apply only to earlier deaths.
    • Holders that unreasonably refuse may owe the successor's attorney fees.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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