Iowa Small Estate Affidavit | Affidavit of Heirship

If a person passes away after living in Iowa and owns either personal or real estate property in the state, successors may file either an affidavit of heirship (personal property) or a small estate affidavit (real estate) to claim ownership of the estate and distribute it. The decedent may not have a will, and the estate cannot be worth more than $100,000, or it will go through probate court instead. The successors must wait at least 40 days after their loved one passes away before filing either affidavit, but they can wait as long as 2 years before the estate automatically goes to probate or collections.

Affidavit of Heirship: An affidavit of heirship in Iowa covers personal property allows successors to claim a decedent’s personal property, especially financial property like bank accounts and final paychecks.

Small Estate Affidavit: In Iowa, the small estate affidavit is used by successors who wish to avoid probate court and collect a deceased loved one’s real estate valued at $100,000.



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An affidavit of heirship in Iowa covers personal property such as vehicles, large electronics, bank accounts, final paychecks, heirlooms, and other items. Probate Code 663.11 dictates the details of the affidavit of heirship, including the 40 day waiting period before successors may file, and the limit on property value of…

Adobe PDF | Microsoft Word (.doc)

In Iowa, the small estate affidavit is used by successors who wish to avoid probate court to collect their deceased loved one’s real estate. Iowa Code § 633.356 describes the procedure for filing the small estate affidavit, which includes a 40-day waiting period after the decedent passes before successors may…