What documents are needed to complete a small estate affidavit for estate assets in Iowa? | Iowa Probate

Disclaimer: This information is for educational purposes and not legal advice. Consult a licensed attorney for advice on your situation.

Detailed Answer

In Iowa, you can collect certain estate assets without full probate by using a small estate summary affidavit when the non-exempt value of the estate does not exceed the statutory limit. Under Iowa Code §633.221 (Iowa Code §633.221), if the aggregate value of personal property is $100,000 or less (or $200,000 for a surviving spouse), you qualify to use this streamlined process. Section 633.227 (Iowa Code §633.227) governs the affidavit itself.

To complete and file a small estate affidavit, gather these key documents:

Certified Death Certificate: An official copy issued by the Iowa Department of Public Health or local registrar.
Small Estate Summary Affidavit Form: Use the form specified by the Iowa District Court in the county where the decedent lived or assets are located. Many courts provide a sample on their website.
List of Estate Assets: Detailed schedule of all non-exempt personal property (bank accounts, brokerage accounts, vehicles, household goods) with values as of the date of death.
Proof of Ownership: Recent statements or title certificates for each asset you plan to collect under the affidavit.
Affiant’s Identification: Copy of your valid Iowa driver’s license or state ID to verify your identity.
Heirship Information: Names, addresses, and relationship of all statutory heirs (spouse, children, parents) required by §633.227.
Affidavit of No Pending Administration: A statement under oath that there is no pending probate administration in Iowa or elsewhere concerning the decedent’s estate.

Once completed, sign the affidavit before a notary public and file it with the clerk of the Iowa District Court in the appropriate county. After filing, you may present certified copies of the filed affidavit to institutions holding the estate assets to transfer title or release funds.

Helpful Hints

Confirm the total asset value stays under the statutory threshold before using the affidavit.
Use the most current affidavit form from your local county court’s website.
Prepare a separate schedule for each type of asset (bank, investment, vehicle).
Notify all heirs in writing to avoid disputes and satisfy notice requirements.
Keep certified copies of the filed affidavit for as long as you deal with each institution.
Check with banks or title companies to learn their process for accepting small estate affidavits.