Iowa Small Estate Affidavit: Distribution of Personal Property

Iowa calls its small estate affidavit distribution of property by affidavit. A successor uses it to collect the decedent’s personal property without letters of appointment when the personal property is $100,000 or less, but it does not transfer real estate.

Based on Iowa Code § 633.356

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is an Iowa Small Estate Affidavit?

An Iowa small estate affidavit is the distribution of property by affidavit under Iowa Code § 633.356. A successor uses the affidavit to collect the decedent’s personal property when the probate assets consist only of personal property with no interest in real estate, the gross value of that personal property is $100,000 or less, at least 40 days have passed since death, and no administration is pending. Larger estates, or any estate with real estate, use chapter 635 small estate administration or full chapter 633 administration instead.

Do you qualify?

Qualifying threshold: $100,000 (gross value of personal property)The $100,000 limit applies to the gross value of the decedent’s personal property, and the probate assets must consist only of personal property with no interest in real estate. Assets that pass by beneficiary designation, joint tenancy, payable-on-death or transfer-on-death registration, or trust are not counted. An estate that holds real estate, or one with personal property above $100,000, uses chapter 635 small estate administration (gross probate assets of $200,000 or less) or full chapter 633 administration instead.
Waiting period: 40 days after death
Court filing fee: $0 (no court filing; the affidavit is presented to the holder of the property)
Attorney: Not typically neededNo statewide requirement; counsel may help with debts, disputes, or title questions
Real estate: Not covered by this procedureThe Iowa Code § 633.356 affidavit covers personal property only, such as bank accounts, wages, securities, and vehicles. HF 2660 struck the old alternative that let some real property qualify, so the affidavit cannot be used if the decedent had any interest in real estate. Real estate that passes through the estate needs chapter 635 small estate administration or full chapter 633 administration.

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Main Requirements

Personal Property $100,000 or Less

The gross value of the decedent’s personal property collected through the affidavit must be $100,000 or less. Real estate and nonprobate assets are not part of this calculation.

No Interest in Real Estate

The probate assets must consist only of personal property. Since HF 2660 (effective July 1, 2026), the affidavit cannot be used if the decedent held any interest in real estate.

40-Day Wait

At least 40 days must pass after the date of death before the affidavit can be used (Iowa Code § 633.356).

No Administration Pending

No administration of the decedent’s estate may be pending in Iowa when the affidavit is presented to the holder of the property.

Proper Successor

The person collecting the property must be entitled to it as a successor of the decedent and must state that entitlement in the affidavit.

Duty to Pay the Decedent’s Debts

The successor takes the property subject to the decedent’s valid debts and must apply the property to those debts before keeping any remainder.

Available Small-Estate Options

Distribution of Property by Affidavit (Section 633.356)

Limit: $100,000 or less in personal property; no interest in real estate
Real Estate: Not included
Timeline: 40+ days after death, then present the affidavit to the holder
Typical Fee: $0 (no court filing)

Small Estate Administration (Chapter 635)

Limit: Gross probate assets of $200,000 or less; closes by sworn statement
Real Estate: Can be included
Timeline: Often a few months to a year
Typical Fee: 0.2% of probate assets in court costs (Iowa Code § 633.31(3)(a))

Full Administration (Chapter 633)

Limit: No small-estate dollar cap; estates over $200,000 or needing full authority
Real Estate: Can be included
Timeline: Commonly 6 months to a year or longer
Typical Fee: 0.2% of probate assets in court costs plus statutory fee ceilings

The affidavit is a sworn statement

The distribution-by-affidavit statement is made under oath, and the successor who signs it takes on responsibility for the accuracy of the statements and for applying the property to the decedent’s valid debts before keeping the remainder. Confirm the value, the 40-day wait, and the no-real-estate rule before signing, and ask the court, the holder, or counsel if anything is uncertain.

Step-by-Step Process

Wait 40 Days After Death

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm the Personal Property Is $100,000 or Less

Add up the gross value of the decedent’s personal property. Confirm it is (or has been at any time since death) $100,000 or less. Do not count nonprobate assets that pass by beneficiary form, survivorship, or trust.

Confirm There Is No Real Estate

The probate assets must consist only of personal property, with no interest in real estate. If the estate includes any real estate, use chapter 635 small estate administration or full chapter 633 administration instead of the affidavit.

Confirm No Administration Is Pending

The affidavit path requires that no administration of the estate is pending in Iowa. Check the district court record for the county where the decedent lived before relying on this path.

Prepare the Affidavit and Gather Documents

Complete the distribution-by-affidavit statement identifying the decedent, the successor, and the property to be collected. Gather a certified death certificate and proof of your right to collect the property as a successor of the decedent.

Present the Affidavit to the Holder

Give the affidavit and supporting documents to the bank, employer, transfer agent, or other holder of the personal property. The successor takes the property subject to the decedent’s valid debts and must apply it to those debts before keeping the remainder.

County Note: The affidavit is presented to the bank, employer, or other holder of the property rather than filed to open a case, but holders set their own documentation requirements, and any related administration is handled by the clerk of the district court in the county where the decedent lived. Confirm what the holder needs before relying on the affidavit.

FAQ: Iowa Small Estate Affidavit

Does Iowa have a small estate affidavit?

Yes. Iowa calls it distribution of property by affidavit under Iowa Code § 633.356. It lets a successor collect the decedent’s personal property without letters of appointment when the estate fits the rules.

What is the Iowa small estate affidavit limit?

The limit is $100,000 in gross value of personal property for affidavits furnished on or after July 1, 2026. HF 2660 raised it from $50,000 and now requires that the probate assets consist only of personal property with no interest in real estate. Assets that pass outside probate are not counted.

How long do I have to wait before using the affidavit?

At least 40 days must pass after the date of death before a successor can use the Iowa distribution-by-affidavit path under Iowa Code § 633.356.

Can an Iowa small estate affidavit transfer a house?

No. The affidavit covers personal property only, and the estate cannot include any interest in real estate. Real estate that passes through the estate needs chapter 635 small estate administration or full chapter 633 administration.

What if the estate is larger than $100,000?

When the gross value of the probate assets is $200,000 or less, the estate can use chapter 635 small estate administration, a simplified process that closes by a sworn statement (Iowa Code § 635.1). Estates over $200,000, or estates that need full authority, use regular chapter 633 administration.

Do I need an attorney to use the affidavit?

Iowa does not require an attorney to use the distribution-by-affidavit path. Legal help can still matter when heirs disagree, debts may exceed assets, or it is unclear who may collect the property.

Official Forms, Sources, and VerificationOfficial references used for this page

Iowa Code § 633.356, Distribution of property by affidavitIowa Legislature. Iowa Code 2026 (pre-HF 2660 text), accessed July 2026.
2026 Iowa Acts, HF 2660 (enrolled): affidavit ceiling to $100,000, personal property onlyIowa Legislature. Signed April 16, 2026, effective July 1, 2026; accessed July 2026.
Iowa Code § 635.1, Administration of small estatesIowa Legislature. Iowa Code 2026, accessed July 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Iowa can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.