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Iowa

Small-estate-affidavit threshold and procedure under § Iowa Code § 633.356.

Verified 2026-05-04
Personal property
$50,000
statutory cap
40-day wait

Iowa § 633.356 affidavit pathway. (Iowa also has § 635.1 small-estate ADMINISTRATION at $200K — different procedure, court-supervised.)

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Iowa's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Iowa § 633.356 affidavit pathway. (Iowa also has § 635.1 small-estate ADMINISTRATION at $200K — different procedure, court-supervised.)

Waiting period
State requires 40 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

§ 633.356 excludes real estate (or only joint tenancy). § 635.1 administration covers all assets.

03

Where to file

File with the District Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Iowa judicial system operates an authoritative court locator.

Find your county’s District Court via the Iowa judicial council website. Search for “Iowa District Court county locator” or visit the state government court directory.

Note: in Iowa, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Forms
  • Affidavit for Distribution of Property (§ 633.356)
    Presented to property holder, not court-filed.
  • Petition for Administration of Small Estate (§ 635.1)
    Court-filed; alternative path with $200K cap.
Statutes
§ Iowa Code § 633.356
https://www.legis.iowa.gov/docs/code/633.356.pdf
distribution by affidavit
§ Iowa Code § 635.1
https://www.legis.iowa.gov/docs/code/635.1.pdf
small-estate administration