Iowa Small Estate Affidavit Form

• Maximum Amount: $100,000, the gross value of the personal property. The affidavit covers personal property only; the presence of real property disqualifies its use.^[1][2]
• Signing Requirements: Made under penalty of perjury.^[3]
• Where to File: Not filed with the court, furnished directly to the holder of the property, such as a bank or transfer agent.^[4]
• When to File: 40 days after death, and only if no estate administration is pending.^[5]
• Survivor Requirements: Iowa does not use a 120-hour survival rule.^[6]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: If all of the decedent’s children are also the surviving spouse’s (or there are no descendants), the surviving spouse receives the entire estate.^[7] If the decedent left children from another relationship, the spouse receives all exempt property plus one-half of the remaining personal property (a minimum of $50,000), and the children share the rest.^[8]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[9]

Step 1 – Wait 40 Days

At least 40 days must pass after the decedent’s death before the affidavit may be used.^[10]

Step 2 – Confirm the Estate Qualifies

The decedent’s personal property must be $100,000 or less, no estate administration may be pending, and, for deaths on or after January 1, 2025, the estate must contain no real property.^[11][12]

Step 3 – Identify the Successor

Determine who is entitled to the property under the will or by intestate succession.^[13][14]

Step 4 – Prepare the Affidavit Under Penalty of Perjury

Prepare the affidavit stating the facts required by § 633.356; the decedent’s death, that the value is $100,000 or less, that no administration is pending, and that the affiant is the successor.^[15][16]

Step 5 – Give the Affidavit to the Asset Holder

Provide the affidavit, with proof of death and identity, to the bank or other holder of the property to obtain payment or transfer.^[17]