Iowa Small Estate Affidavit

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 file, and states that the estate may not be valued at more than $50,000 or the estate will go to probate court.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.