Small estate affidavit in Iowa: who can use it and how

A sworn affidavit you give to the bank, company or person holding the person's property, so they pay or transfer it to the people who inherit. It is not filed with the court.

Limit

Up to $100,000 Counted at full value, without subtracting debts.

Since July 1, 2026, the gross value of the person's personal property, at any time since the death, cannot be more than $100,000, and the person's probate assets must be only personal property, with no interest in real estate. Before July 1, 2026, the limit was $50,000.

What counts

The gross value of the person's personal property, at its highest at any time since the death. The person's probate assets must be only personal property, with no interest in real estate.

Waiting period

At least 40 days must have passed since the death, shown by an attached certified death certificate.

Who can use it

A 'successor': the beneficiary under the will (a trust that inherits under the will counts), or the heir under the inheritance law if there is no will. If there are two or more successors, any one of them may sign. If the person got Medicaid, the Iowa Medicaid agency can also be a successor. The procedure can be used only if no estate administration is pending.

Court or where to file

Given to the holder of the property. To release a judgment or mortgage, or deed real estate under a contract the person signed, the affidavit is filed with the county recorder.

Notary

Signed under penalty of perjury. The holder must be given reasonable proof of each successor's identity.

Papers to attach

• Certified copy of the death certificate
• Copy of the will, if inheriting under a will, with a statement that it was delivered to the clerk of the district court
• The person's evidence of ownership (passbook, stock certificate, title), if available
• Reasonable proof of identity of each successor

Steps

1. Wait 40 days after the death and check that no estate is being administered.
2. If unsure of the value, give the holder an affidavit asking it to disclose whether the property it holds is (or was since the death) $100,000 or less; the holder must say.
3. Fill in the affidavit with all the statements the law lists, including that any Medicaid debt, creditors and (for deaths before 2025) inheritance tax will be paid from what you receive.
4. Sign it under penalty of perjury and give it to the holder with the death certificate, any will, proof of ownership and proof of identity.

Fee

No court fee, because the affidavit is not filed with the court. The county recorder charges its recording fee if you record it.

Debts and responsibility

The affidavit states that Medicaid debt and creditors will be paid to the extent of the money received, and that no one else has a right to the property. A false affidavit is perjury.

What the bank or holder must do

If the requirements are met, the holder must pay, deliver or transfer the property, and a transfer agent must re-register securities. The holder may rely in good faith on the affidavit, is discharged from further liability and is not liable for the person's debts. If the holder does not have the person's evidence of ownership, it may require a bond or an indemnity agreement. If it refuses within a reasonable time, you may sue, and the court must award attorney fees if the refusal was unreasonable.

Law: Iowa Code 633.356 (as amended by 2025 Iowa Acts ch. 148 and 2026 HF 2660)

Source: Official page