An Iowa small estate affidavit is a sworn statement that lets a successor collect a dead person's property without letters of appointment. Iowa Code § 633.356 allows this when the personal property is worth $50,000 or less, there is no real property, and 40 days have passed since the death.[1] Create a free Iowa small estate affidavit form online with FormsPal, then download it as a PDF and sign it.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Iowa law. If you notice an error or outdated information, please contact us.
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Iowa's rules for a small estate affidavit are in Iowa Code § 633.356. The law lets a successor collect a decedent's personal property by giving the holder of that property, such as a bank, an affidavit, without letters of appointment. It applies only when the estate meets the conditions below.[1]
An Iowa small estate affidavit works only when all of these are true:
The gross value of the decedent's personal property that would otherwise pass by will or intestate succession is, or at any time since the death has been, fifty thousand dollars ($50,000) or less.[1]
There is no real property. For deaths before January 1, 2025, the law also allows real property that passes as joint tenants with full rights of survivorship to people who are exempt from inheritance tax.[1]
At least 40 days have passed since the decedent died. Our deadline calculator can count them from the date of death.[1]
No administration of the decedent's estate is pending.[1]
The successor gives the holder of the property an affidavit made under penalty of perjury.[1]
A certified copy of the decedent's death certificate is attached to the affidavit.[1]
The statute lists what the affidavit must state. One item reads:
That at least forty days have elapsed since the death of the decedent, as shown by an attached certified copy of the death certificate of the decedent.
This page covers Iowa only. For another state, start from our small estate affidavit guide.
Under Iowa Code § 633.356(2), you can use the affidavit whether or not the decedent left a will. The successor is the beneficiary under the will if the decedent died testate (with a will), or the person who inherits by intestate succession if the decedent died without one.[1]
Iowa Code § 635.1 sets up a separate court route, administration of a small estate, for estates whose gross probate assets in Iowa do not exceed $200,000. That route needs a petition and letters of appointment from the clerk, while the affidavit stays limited to $50,000 of personal property.[2]
A vehicle can be retitled with a separate affidavit under Iowa Code § 321.47(2). That affidavit states the decedent's name and date of death, the right of the people filing it to the vehicle, and that the estate has not been administered.[3]
Iowa Code § 633.356 also covers a claim by the state's Department of Health and Human Services. Suppose the department is entitled to a decedent's money or property under section 249A.53. If no qualifying successor has presented an affidavit within 90 days of the death, the department can collect through its own affidavit.[1]
The funds in the account or other property, up to the amount of the department's claim, are paid to the department when it presents an affidavit to the holder of the property.[1]
The department must issue a refund within 60 days to any claimant with a superior priority under section 633.425, if notice of the claim reaches the department, or the entity it designates, within one year of the department's receipt of the funds.[1]
Other Iowa Forms
Listed here are other Iowa forms completed by our visitors. Try our simple creator to personalize any of these forms to your needs.
Create a free high-quality Iowa Small Estate Affidavit online now!
Filling Out the Iowa Small Estate Affidavit Form
The FormsPal Iowa small estate affidavit template has six pages. Pages 1 to 3 hold the sworn statement, pages 4 and 5 hold the witness and notary block, and pages 5 and 6 hold a court order for approval. Download the PDF, then fill it in with our PDF editor, starting at the top of page 1 and following the order below. Confirm each answer before you move on.
The screenshots under each step show the FormsPal Iowa small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
State, county and affiant: At the top of page 1, enter the state and county, and then add your full name and street address in the sentence that begins "By signing this Affidavit, I".Step 1: sample entries, not a real document.
Decedent name: Type the full name of the person who died on the Decedent Name line.Step 2: sample entries, not a real document.
Date of death: Enter the date of death in the month, day and year spaces.Step 3: sample entries, not a real document.
Place of death: Enter where the decedent died on the Place of Death line.Step 4: sample entries, not a real document.
Residence at death and court: Enter the decedent's home address at the time of death, and then name the court in the sentence about which court has jurisdiction. The form states that a death certificate is attached, so attach one.Step 5: sample entries, not a real document.
Waiting period to file: Fill in the number of days in the sentence "More than ___ days have passed since the Decedent's date of death", using the waiting period explained in the Iowa laws section above.Step 6: sample entries, not a real document.
Estate value and your entitlement: On page 2, write your relationship to the decedent and enter the estimated value of the decedent's personal property. Then add your name in the line "I, ___, am claiming successor" and state how you are related in the "as I am" lines.Step 7: sample entries, not a real document.
Oath or affirmation: estate of: On page 3, enter the decedent's first and last name in the sentence "the estate of ___ ___, the Decedent", and then add your name at the start of the Oath or Affirmation paragraph.Step 8: sample entries, not a real document.
Oath sentence about other claimants: Read the sentence in the oath that says you told the others with an equal or better right to the property about your claim in writing. Check that it is true before you sign.Step 9: sample entries, not a real document.
Signature, date and name: Sign on the Affiant Signature line, add the date signed and print your name under the Affiant Name caption.Step 10: sample entries, not a real document.
Witnesses and notary block: On page 4, the form has spaces for two witnesses, who each sign and print a name, address and telephone number. Enter the state, county and date in the sworn and affirmed block. The notary completes the signature, date and commission lines on page 5.Step 11: sample entries, not a real document.
Probate court caption: In the court caption on page 5, enter the decedent's name next to ESTATE OF and the case number in the NUMBER space.Step 12: sample entries, not a real document.
Order: deceased and county: Enter the deceased's name, then the county and state, in the caption, and add your name and the estate name in the Order and Approval paragraph.Step 13: sample entries, not a real document.
Court approval and judge: Page 6 closes the order, and the court completes the approval date and the Judge Presiding signature line.Step 14: sample entries, not a real document.
Document tips: Under Document Tips, write on the line anything else you need to complete before filing, and then read the reminders listed below it.Step 15: sample entries, not a real document.
Frequently Asked Questions
What is a small estate in Iowa?
A small estate is one where a successor can collect a decedent's personal property with an affidavit instead of letters of appointment, and all of these must be true under the Iowa statute:
The personal property is worth $50,000 or less.
At least 40 days have passed since the death.
There is no real property and no administration of the estate is pending.[1]
What is the small estate limit in Iowa?
The limit is $50,000. The gross value of the decedent's personal property must be $50,000 or less.[1]
What is a Small Estate in Iowa Probate?
In probate terms, a small estate is one where a successor collects the property by affidavit instead of obtaining letters of appointment. The affidavit is made under penalty of perjury, with a certified copy of the death certificate attached.[1]
Do I need probate if the estate is small?
An estate that meets the conditions in Iowa Code § 633.356 does not need letters of appointment. The successor gives the holder of the property an affidavit instead.[1]
What is the amount for a small estate affidavit?
The amount is $50,000 or less, counted as the gross value of the decedent's personal property.[1]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
