Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: Iowa lets a small estate be settled with a sworn affidavit, usable 40 days after death, and it is presented straight to the bank or holder — no court filing. Real estate: no — personal property only.
The verdicts
| Instrument | a sworn affidavit |
|---|---|
| Wait after death | 40 days after death |
| Where it goes | presented straight to the bank or holder — no court filing |
| Notarised? | Not mentioned in the statute text we read |
| Reaches real estate? | No — personal property only |
| Authority | Iowa Code § 633.356 |
What the statute actually says
As amended by 2026 Iowa Acts, H.F. 2660, the affidavit must state: (2) 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. (3) 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.
— Iowa Code § 633.356(3)(a), as amended by 2026 Iowa Acts, H.F. 2660
The dollar limit
Very-small-estate affidavit (Iowa Code §633.356, as amended by 2026 Iowa Acts, H.F. 2660): $100,000 gross value of the decedent’s personal property; probate assets must consist only of personal property, with no interest in real estate; 40-day wait. Separately, simplified small-estate administration (Iowa Code §635.1) for gross probate assets ≤$200,000.
The form
We did not locate an official free state form. That does not mean none exists — many states publish forms through individual county or probate offices rather than a single statewide page, and several court websites blocked automated access entirely. Ask the probate court or register of wills in the county where the person lived before paying anyone for a form.
The waiting period is the part that voids transfers
Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.
What could not be verified
The statute requires the affidavit to be made ‘under penalty of perjury’; it does not mention notarization. A narrow exception allows real property that passes as exempt joint-tenancy survivorship property (only for deaths before Jan. 1, 2025) to coexist with use of this affidavit; otherwise the estate must have no real property at all. No specific statewide form number was identified in the statute text itself; Iowa Judicial Branch self-help forms were not searched this session.
When this route is the wrong one
- The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
- There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
- Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
- Debts exceed assets. Paying the wrong creditor first can make you personally liable.
Related: how the process works, step by step · affidavit versus summary administration.
General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.