Iowa Small Estate Affidavit: $100,000 Limit and 40-Day Wait

Iowa's small estate affidavit, under Iowa Code 633.356, lets a successor collect a deceased person's personal property without a court case when the gross value of that personal property is, or has been at any time since the death, $100,000 or less and there is no real property. You must wait 40 days after the death and attach a certified copy of the death certificate.

The $100,000 figure is new. House File 2660, signed by the Governor on April 16, 2026, raised it from $50,000, and the legislature's own Code pages may still show the old number. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Iowa's distribution of property by affidavit for very small estates (Iowa Code 633.356, as amended by 2026 HF 2660), small estate administration (Iowa Code chapter 635), the vehicle affidavit described by the Iowa Department of Transportation, the Great Iowa Treasure Hunt's claim rules, and the perjury statute (Iowa Code 720.2). It does not cover full estate administration under chapter 633, who inherits under Iowa intestacy law, tax questions, or other states' rules.

The $100,000 limit and the 2026 change

HF 2660 amended Iowa Code 633.356 to replace "fifty thousand dollars" with "one hundred thousand dollars." As amended, the affidavit is available when "the gross value of the decedent's personal property is, or has been at any time since the decedent's death, one hundred thousand dollars or less and there is no real property." The Governor's office lists HF 2660 among the bills signed on April 16, 2026.

Three cautions about the change:

• Effective date. HF 2660 is 2026 Iowa Acts chapter 1048. It sets no effective date of its own, so it took effect July 1, 2026 under Iowa's default rule (Iowa Code 3.7), and the legislature's bill history lists that date.
• Older deaths. HF 2660 has no provision on deaths before July 1, 2026. If the person died before that date, do not assume either figure; ask the holder or a lawyer before you sign.
• Outdated pages. The Code PDF on the legislature's website still showed $50,000 when we checked, and so do many guides written before mid-2026. A bank looking at those pages may question the higher figure, so it can help to bring a copy of enrolled HF 2660. One subsection still uses the old number: Iowa Code 633.356(9), which HF 2660 did not amend, requires a holder that receives your affidavit and proof of identity to tell you whether the value it holds is, or has been since the death, $50,000 or less.

The $100,000 amount is a flat figure in the statute. It is not adjusted for inflation; it changes only when the legislature amends it.

What counts toward the $100,000

HF 2660 reworded the test. As amended, the affidavit is available when "the decedent's probate assets consist only of personal property that would otherwise be distributed by will or intestate succession and the gross value of the decedent's personal property is, or has been at any time since the decedent's death, one hundred thousand dollars or less and there is no real property." The affidavit itself must state:

"That the decedent's probate assets consist only of personal property, with no interest in real estate, and that the gross value of the decedent's personal property is, or has been at any time since the decedent's death, one hundred thousand dollars or less."

Two points follow from that wording. The test is gross value, so the person's debts are not subtracted. And the value is measured at any time since the death, not only on the date of death.

The amended statute does not say whether jointly owned accounts, payable-on-death accounts, trust assets or other nonprobate personal property count toward the $100,000. Before HF 2660, the value test read "the gross value of the decedent's personal property that would otherwise be distributed by will or intestate succession"; the amended value sentence reads "the gross value of the decedent's personal property." If a large nonprobate asset is involved, ask a lawyer before you sign.

How long you must wait

Forty days. Under Iowa Code 633.356, "if forty days have elapsed since the death of the decedent," a successor may use the affidavit "without procuring letters of appointment." The affidavit states that 40 days have passed and attaches a certified copy of the death certificate.

The procedure "may be used only if no administration of the decedent's estate is pending." If someone has already opened an estate, the affidavit is not available.

Who can sign the affidavit

The statute calls the person who signs a successor:

• If there is a will: the reasonably ascertainable beneficiary or beneficiaries who succeeded to the item of property under the will. A trustee of a lifetime trust counts if the trust takes under the will.
• If there is no will: the reasonably ascertainable person or persons who succeed to the property under Iowa's intestacy law.
• Iowa Medicaid: if the deceased person received medical assistance, the Iowa Medicaid agency is also a successor under subsection 8.

If there are two or more successors, any one of them may sign. Creditors and people who paid for the funeral are not listed as successors.

The Department of Health and Human Services can use the affidavit process itself if no successor has presented an affidavit within 90 days of the death. If it does and a claimant with a higher priority gives notice within one year, it must refund within 60 days.

What the affidavit must say

There is no fill-in court form for this affidavit. The research found no statewide form on the Iowa Judicial Branch's probate forms page, and the Judicial Branch's probate FAQ does not cover it. Instead, Iowa Code 633.356(3) lists what the affidavit must state, under penalty of perjury:

• the deceased person's name, Social Security number, and date and place of death;
• that 40 days have passed since the death, with a certified copy of the death certificate attached;
• the value statement quoted above;
• a description of the property being claimed;
• the name, address, taxpayer identification number and relationship of each successor, and any legal disability;
• if there was a will, that it is attached and was delivered to the clerk of the district court;
• that no other person has a right to the property;
• a request that the property be paid or transferred;
• either that no debt is owed to the Department of Health and Human Services for Medicaid benefits, or that any such debt "will be paid to the extent of funds received pursuant to the affidavit";
• a statement about inheritance tax, which applies only for deaths before 2025; and
• that creditors will be paid.

HF 2660 also requires Iowa's Child Support Services to make a conforming affidavit form available when it holds undistributed child support owed to the person who died.

The statute requires an affidavit "under penalty of perjury" and does not mention a notary. Iowa Code 622.1 lets a person who must give a sworn statement instead sign a dated written statement certifying the facts true under penalty of perjury under Iowa law, but that rule does not apply to acknowledgments required by law or to a document to be recorded under chapter 558. A bank or other holder may have its own requirements, so ask what it will accept before you sign.

How to use the affidavit, step by step

1. Confirm the estate fits. No real property, personal property of $100,000 or less at any time since the death, and no estate administration pending.
2. Wait 40 days after the death and order a certified copy of the death certificate.
3. Prepare the affidavit with every statement Iowa Code 633.356(3) requires, and attach the death certificate and, if there was a will, the will.
4. Give it to the holder, such as the bank, the transfer agent or the insurance company. The affidavit is not filed with a court.
5. Answer the holder's requests. The holder may ask for evidence of ownership and reasonable proof of each successor's identity. If you cannot produce the ownership evidence, the holder may demand an indemnity bond "in a reasonable amount determined by the holder."

One exception to "no court filing": when the affidavit is used under subsection 8 for a distributee who died while an estate was being administered, it is filed with the clerk of the district court.

What the affidavit can reach

Iowa Code 633.356 lets the successor:

• receive any item of tangible personal property;
• have any evidence of a debt, obligation, interest, right, security or chose in action transferred, and transfer agents must re-register securities; and
• collect the proceeds of a life insurance policy, or any other property, for which no beneficiary was designated.

Under subsection 4(c), judgments, mortgages and real estate contracts can be released or performed by recording the affidavit with the county recorder.

The house

The affidavit does not transfer real estate. It is available only when there is no real property, and the affidavit must state that the probate assets have "no interest in real estate." Title to real estate passes at death to the people named in the will or to the heirs (Iowa Code 633.350), and a court proceeding is usually needed to clear it: small estate administration under chapter 635, full administration under chapter 633, or, if there is a will, admitting the will to probate without administration (Iowa Code 633.305). A lawyer can tell you which fits. For deed records, see Iowa property records.

Vehicles

Vehicles have their own route. As the Iowa Department of Transportation describes it on its title transfer after death page, Iowa Code 321.47 lets the people entitled to the vehicle file an affidavit with the county treasurer stating the owner's name and date of death, their right to possession and ownership, and that there is no administration, with an agreement to indemnify creditors up to the vehicle's value. The treasurer then issues the title.

The DOT says an Application for Certificate of Iowa Title (form 411007) is needed in every scenario, and odometer forms 411083 (with a will) or 411088 (without a will) are needed to show actual mileage. A small estate affidavit remains valid proof of ownership. "If ownership is transferred to a surviving spouse of a decedent, title fees are waived and any available registration fees may be transferred."

Unclaimed property

The State Treasurer's Great Iowa Treasure Hunt pays a deceased owner's property according to how the estate was handled, using its own Affidavit of Administration with options A through D. If no estate was opened, you include a copy of the death certificate and an obituary listing survivors; if a will was filed with a court but full probate was not required, option D asks for any "Small Estate" or "Probate Without Administration" documents. The form requires a completed page listing all heirs or beneficiaries, and the signature must be notarized regardless of the amount. Iowa Code 633.356(8) also covers property already turned over to the Treasurer. For more, see Iowa unclaimed property.

Final paycheck

The research did not find an Iowa statute that lets family collect a deceased worker's final wages outside probate. Ask the employer what it needs.

Protection for banks, and your responsibilities

Once a holder receives a proper affidavit, that "constitutes sufficient acquittance" and "discharges the holder from any further liability." The holder may rely on the affidavit in good faith, has no duty to look further, and is not liable for the deceased person's debts.

If a holder unreasonably refuses to pay or transfer within a reasonable time, the successor may sue, and the court "shall award attorney fees to the person bringing the action" if it finds the holder acted unreasonably. A court also awards the holder attorney fees if the holder acted reasonably.

The person who signs takes on real obligations. The affidavit promises that creditors will be paid and that any Medicaid debt will be paid from the funds received. It is made under penalty of perjury, and Iowa Code 720.2 makes knowingly false material statements under oath a class "D" felony.

When to use small estate administration or full probate

If the estate includes real estate, is over $100,000 in personal property, or an affidavit is not otherwise available, Iowa has a middle option before full administration.

Under chapter 635, an authorized petitioner asks the clerk to issue letters to a personal representative. Creditor notice periods from chapter 633 apply. After those periods run, the personal representative files a closing statement, and the clerk closes the estate "without order of the court" on proof of distribution or 60 days after the closing statement and proof of service, whichever is earlier. The personal representative's fee is limited to 3 percent of the gross probate assets unless the services are itemized, and an interlocutory report is due if no closing statement is filed within 12 months.

If the probate assets are worth more than $200,000, the estate is administered under chapter 633 instead. For how full probate works and when it is required, see our Iowa probate guide.

Inheritance tax no longer applies to recent deaths

Older guides tie this process to Iowa inheritance tax clearance. For deaths on or after January 1, 2025, Iowa repealed the inheritance tax, and 2025 Iowa Acts chapter 148 conformed section 633.356 retroactively. The affidavit's inheritance tax statement now applies only to deaths before 2025.

Related

• Small estate affidavit rules by state
• Iowa probate: when an estate must be opened
• Iowa unclaimed property
• Illinois small estate affidavit
• Nebraska small estate affidavit

Disclaimer: This article provides general legal information about Iowa's distribution of property by affidavit under Iowa Code 633.356, as amended by 2026 HF 2660, and small estate administration under Iowa Code chapter 635, verified against official Iowa sources on 2026-10-07. It is not legal advice. For help with a specific estate, contact the clerk of the district court in the county where the person lived, a legal aid office, or a lawyer licensed in Iowa.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Iowa?

$100,000 or less in gross value of personal property, at any time since the death, with no real property (Iowa Code 633.356 as amended by 2026 HF 2660). The limit was $50,000 before HF 2660.

When did the Iowa small estate limit go up to $100,000?

HF 2660 was signed April 16, 2026 and took effect July 1, 2026 (2026 Iowa Acts ch. 1048). The act does not say whether the new figure applies to deaths before that date, so for an earlier death ask the holder or a lawyer.

How long after death can I use a small estate affidavit in Iowa?

40 days. Iowa Code 633.356 allows the affidavit once forty days have elapsed since the death, with a certified copy of the death certificate attached.

Does a small estate affidavit need to be filed with the court in Iowa?

No. The successor gives the affidavit to the holder of the property, such as a bank. The exception is an affidavit under subsection 8 for a distributee of an estate being administered, which is filed with the district court clerk.

Can I transfer a house with a small estate affidavit in Iowa?

No. The affidavit is available only when there is no real property, and it must state the probate assets have no interest in real estate. A court proceeding is usually needed for real estate: small estate administration under Iowa Code chapter 635, full administration under chapter 633, or, if there is a will, admitting the will to probate without administration (Iowa Code 633.305).

Is there an official Iowa small estate affidavit form?

No statewide court form was found on the Iowa Judicial Branch website. Iowa Code 633.356(3) lists what the affidavit must say; HF 2660 requires Child Support Services to make a form available when it holds undistributed child support owed to the person who died.

Who can sign an Iowa small estate affidavit?

A successor: the beneficiaries under the will, or the heirs under intestacy law if there is no will, and the Iowa Medicaid agency if the person received medical assistance. If there are several successors, any one may sign (Iowa Code 633.356).

What if the bank refuses my Iowa small estate affidavit?

The holder may ask for proof of ownership or identity, or an indemnity bond. If it unreasonably refuses within a reasonable time, the successor can sue, and the court awards attorney fees if the holder acted unreasonably (Iowa Code 633.356).

What is small estate administration in Iowa?

A court-supervised process under Iowa Code chapter 635 for probate assets with a gross value of $200,000 or less. The clerk issues letters to a personal representative, and the estate can include real estate.

How do I transfer a car after a death in Iowa?

The heirs file an affidavit with the county treasurer under Iowa Code 321.47, along with the DOT's title application (form 411007), and the treasurer issues the title. Title fees are waived when ownership passes to a surviving spouse.