Disclaimer: This content is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
What Is an Heirship Affidavit in Iowa?
In Iowa, the document commonly used to establish heirship and transfer personal property of a deceased person without full probate is called a small estate affidavit. Under Iowa Code § 633.168, an heir or other person entitled to the decedent’s personal property can file an affidavit when the estate meets certain conditions.
When Can You Use a Small Estate Affidavit?
You may use this affidavit if all of the following apply:
- The decedent died without a will.
- The gross value of the decedent’s personal property in Iowa does not exceed the statutory limit (currently $50,000).
- No formal probate or administration proceeding is pending.
Step-by-Step Preparation
- Gather Decedent Information: Record the decedent’s full legal name, date and place of death, and last Iowa residence.
- Identify Heirs: List each heir’s name, relationship to the decedent, and address. Refer to intestate succession rules in Iowa Code § 633.316.
- Inventory Assets: Describe personal property (bank accounts, vehicles, furnishings) and state its estimated fair market value. Confirm the total does not exceed $50,000.
- Draft the Affidavit: Use a clear, concise format. Include statements that the decedent left no will, no probate is pending, and you are entitled to the property as an heir.
- Attach Supporting Documents: Include a certified copy of the death certificate and any proof of relationship (e.g., birth or marriage certificates).
- Notarize the Affidavit: Sign in front of a notary public or other authorized official to validate your statement.
Filing and Using the Affidavit
File with the Clerk: Submit the signed affidavit to the clerk of the district court in the county where the decedent last resided. Pay any required filing fee.
Transfer Property: After the court clerk stamps or logs your affidavit, present certified copies to parties holding the assets (banks, the Iowa DOT for vehicles, etc.). They may rely on the affidavit for at least 30 days without further inquiry.
Helpful Hints
- Verify the current small estate threshold in Iowa Code before drafting.
- Check if your county offers a specific small estate affidavit form to streamline preparation.
- Ensure that no probate case is open; an active case voids the affidavit option.
- Provide accurate contact details for all heirs to prevent processing delays.
- Keep copies of the filed affidavit and proof of filing for your records.