Iowa: Small Estate Affidavit Thresholds & Procedure

Requirements one by one

Governing law

Iowa's Probate Code contains two independent mechanisms. Iowa Code
§ 633.356, "Distribution of property by affidavit — very small estates,"
creates the no-court affidavit for personal property. Iowa Code Chapter
635, "Administration of Small Estates" (its core provisions are §§ 635.1,
635.2, 635.7, 635.8, and 635.13 — several other sections were repealed by
2007 legislation), creates a genuine but simplified probate proceeding
that can reach real property too. Section 633.356 was amended by 2026
Iowa Acts, House File 2660, signed by the Governor April 16, 2026 and
effective July 1, 2026 — already in force.

Dollar threshold

Two different figures, and neither adjusts for inflation. The § 633.356
affidavit now caps at $100,000 in personal property, raised from $50,000
by House File 2660 effective July 1, 2026 — with an unusual twist: the
statute doesn't just test the value once. It asks whether that value
"is or has been, at any time since the decedent's death," $100,000 or
less, so a value that climbs above $100,000 after the fact (say, through
investment gains) can retroactively knock the estate out of eligibility.
A separate, narrower provision in § 633.356(9) — a shortcut letting a
holder disclose an account's value without requiring the full affidavit
— was NOT updated by the 2026 amendment and still refers to the old
$50,000 figure, a real inconsistency inside the statute as of this
writing. Chapter 635 small estate administration caps at $200,000 in
gross probate assets — a figure some older online sources still list as
$100,000, a stale pre-increase number from years ago that has nothing to
do with the new $100,000 affidavit threshold; the two are separate
provisions that happen to now share the same number.

Court filing required?

It depends on the track. The § 633.356 affidavit involves no court at
all — it goes directly to whoever holds or owes the decedent's property.
Small estate administration is the opposite: a petition has to be filed,
and the court clerk issues "letters of appointment" naming a personal
representative — though the closing process is lighter than ordinary
probate, using a sworn closing statement instead of a full accounting.

Waiting period after death

40 days for the no-court affidavit — the statute only allows it "if forty
days have elapsed since the death of the decedent." Small estate
administration has no equivalent death-triggered wait; its timing instead
runs off the same creditor-notice periods and a 30-day closing-statement
objection window used in ordinary Chapter 633 probate.

Works with a will, intestacy, or both?

Both, on either track. Section 633.356 defines "successor" — the person
who can use the affidavit — to include a will beneficiary if the
decedent died testate, or an heir under Iowa's intestate succession laws
if the decedent died intestate. Chapter 635's petition has to state
"whether the decedent died intestate or testate" too, but doesn't
restrict eligibility to either one.

Does it cover real property?

No for the § 633.356 affidavit, and as of July 1, 2026 there's no
exception at all. Until that date, real property passing to joint
tenants who were exempt from Iowa's inheritance tax didn't count against
eligibility, but only for deaths occurring before January 1, 2025 — an
increasingly narrow carve-out. House File 2660 eliminated it outright:
the affidavit now requires that the decedent's probate assets "consist
only of personal property, with no interest in real estate," full stop.
Small estate administration under Chapter 635 is different: because it
appoints an actual personal representative with the same general powers
as in an ordinary probate, it can reach and transfer real property.

Signature formalities

Lighter than in many states. Section 633.356 only requires the affidavit
to be executed "under penalty of perjury" — and Iowa's general
certification statute, § 622.1, confirms that an unsworn statement made
under penalty of perjury legally substitutes for a sworn, notarized
statement, except in a short list of situations (recorded real-estate
documents, self-proved wills, and a few others) that doesn't include this
affidavit. No witness signature is required either. Some banks and online
form providers still insist on notarization as their own practice, but
the statute itself doesn't call for it. Chapter 635's closing statement
follows the same pattern — "verified or affirmed under penalty of
perjury," no notary or witness required by the text.

Protection for the bank/holder

Strong, and it runs both ways. A holder who pays out under a valid § 633.356
affidavit is discharged from further liability and may rely on it in good
faith, with no duty to check whether it's actually true. If a holder
wrongfully refuses to honor a valid affidavit, the successor can sue to
compel payment, and the court awards attorney fees if it finds the refusal
unreasonable — but a holder who reasonably pays out under a
facially-valid affidavit can also recover attorney fees if sued anyway
over the payment. Chapter 635's protection instead flows from the
personal representative's official letters of appointment and the
30-day unobjected closing-statement window — the same protection an
ordinary Chapter 633 probate provides.

What trips people up

The biggest trap right now is stale information: the no-court affidavit
limit just jumped from $50,000 to $100,000 on July 1, 2026, and a lot of
online guides, and even Iowa's own compiled statute webpage, still show
the old $50,000 figure because the official Code hadn't been
republished yet as of this writing — the new figure is legally in effect
even though the state's own website is momentarily behind. A second,
subtler trap: a separate part of the same statute, § 633.356(9) (a
shortcut a holder can use to disclose an account's value without the
full affidavit), was NOT updated along with the main rule and still
caps at $50,000 — so that specific shortcut is narrower than the
affidavit procedure itself. A third trap is assuming the dollar limit is
a one-time snapshot taken at death — it isn't. The statute's own "is or
has been, at any time since the decedent's death" language means an
estate that starts under $100,000 but grows past it before the affidavit
is used (through interest, dividends, or a delayed asset sale) can lose
eligibility. A fourth: people assume the affidavit must be notarized
because that's the norm for most sworn documents — Iowa's own
perjury-certification statute says otherwise, though a bank that insists
on notarization anyway isn't violating any rule by asking. A fifth: the
$200,000 small estate administration figure (a different track entirely)
gets misreported as $100,000 by some older sources — don't confuse that
stale error with the new, correct $100,000 affidavit threshold.

Common questions

Does the $100,000 limit include my dad's life insurance payout? Only
if no beneficiary was named — § 633.356 lets the affidavit reach "the
proceeds from any life insurance policy... for which a beneficiary has
not been designated," but a policy with a named beneficiary passes
outside probate entirely and doesn't count either way.

Do I need a notary to use the affidavit? No — Iowa's law only
requires the affidavit to be signed under penalty of perjury. Some banks
ask for notarization anyway as their own policy, but it isn't a legal
requirement.

My mother left a small savings account but also owned her house. Can
I use the affidavit? No — owning any real property at all takes the
whole estate out of the § 633.356 affidavit. You'd need small estate
administration under Chapter 635 instead, assuming the estate is
$200,000 or less.

How is $200,000 different from $100,000? The $200,000 figure is for
small estate administration, which still opens a probate case and gets a
personal representative appointed — just with a simpler closing process
than ordinary probate. The $100,000 figure is for the affidavit that
skips court involvement altogether.

Statutes and sources

• Iowa Code § 633.356(2), (10) — "2. \"Successor\" means: a. If the
  decedent died testate, the reasonably ascertainable beneficiary or
  beneficiaries who succeeded to the item of property under the
  decedent's will. ... b. If the decedent died intestate, the reasonably
  ascertainable person or persons who succeeded to the property under
  the laws of intestate succession of this state. ... 10. The procedure
  provided by this section may be used only if no administration of the
  decedent's estate is pending." —
  https://www.legis.iowa.gov/docs/code/633.356.pdf (accessed 2026-07-07)
• Iowa Code § 633.356(3)(a)(3), as amended by 2026 Iowa Acts H.F. 2660
  § 3 (effective 2026-07-01) — "(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." —
  https://www.legis.iowa.gov/docs/publications/LGE/91/HF2660.pdf
  (accessed 2026-07-07)
• 2026 Iowa Acts, H.F. 2660 (Explanation) — "Under current law, a
  successor may use an affidavit pursuant to Code section 633.356
  (distribution of property by affidavit) to collect and transfer a
  decedent's personal property that would otherwise be distributed by
  will or intestate succession if the gross value of the personal
  property is $50,000 or less and the estate includes no real property,
  or if the death occurred prior to January 1, 2025, the real property
  passes to a person exempt from inheritance tax as joint tenants with
  full rights of survivorship, and at least 40 days have elapsed since
  the decedent's death. The bill increases the maximum allowable gross
  value of personal property eligible for the affidavit procedure from
  $50,000 to $100,000. The bill also provides that the decedent's
  probate assets must consist only of personal property, and eliminates
  the real property exception for deaths occurring prior to January 1,
  2025." — https://www.legis.iowa.gov/docs/publications/LGI/91/HF2660.pdf
  (accessed 2026-07-07)
• Iowa Code § 633.356(9) — "Upon receipt of an affidavit under
  subsection 3 and reasonable proof under subsection 5 of the identity
  of each successor seeking distribution by virtue of the affidavit, the
  holder of the property shall disclose to the affiant whether the value
  of the property held by the holder is, or has been at any time since
  the decedent's death, fifty thousand dollars or less. An affidavit
  furnished for the purpose of determining whether the value of the
  property is, or has been at any time since the decedent's death, fifty
  thousand dollars or less need not contain the language required under
  subsection 3, paragraph \"a\", subparagraph (3), but shall state that
  the affiant reasonably believes that the gross value of the decedent's
  personal property that would otherwise be distributed by will or
  intestate succession is, or has been at any time since the decedent's
  death, fifty thousand dollars or less and there is no real property or
  for deaths occurring before January 1, 2025, the real property passes
  to persons exempt from inheritance tax as joint tenants with full
  rights of survivorship pursuant to chapter 450." —
  https://www.legis.iowa.gov/docs/code/633.356.pdf (accessed 2026-07-07)
• Iowa Code § 635.1 — "When the gross value of the probate assets of a
  decedent subject to the jurisdiction of this state does not exceed two
  hundred thousand dollars, and upon a petition as provided in section
  635.2 of an authorized petitioner in accordance with sections 633.227
  and 633.228, or section 633.290, subsection 1, paragraph \"a\" or
  \"b\", the clerk shall issue letters of appointment for administration
  to the proposed personal representative named in the petition, if
  qualified to serve pursuant to section 633.63 or upon court order
  pursuant to section 633.64. Unless otherwise provided in this chapter,
  the provisions of chapter 633 apply to an estate administered pursuant
  to this chapter." — https://www.legis.iowa.gov/docs/code/635.pdf
  (accessed 2026-07-06)
• Iowa Code § 635.2 — "The petition for administration of a small
  estate must contain the following: 1. The name, domicile, and date of
  death of the decedent. 2. The name and address of the surviving
  spouse. 3. The name and relationship of each heir so far as known to
  the petitioner in an intestate estate. 4. Whether the decedent died
  intestate or testate, and, if testate, the date the will was executed.
  5. A statement that the probate assets of the decedent subject to the
  jurisdiction of this state do not have an aggregate gross value of
  more than the amount permitted under the provisions of section 635.1
  and the approximate amount of personal property and income for the
  purposes of setting a bond. 6. The name and address of the proposed
  personal representative." —
  https://www.legis.iowa.gov/docs/code/635.pdf (accessed 2026-07-06)
• Iowa Code § 635.8 — "1. The personal representative shall file with
  the court a closing statement and proof of service thereof to all
  interested parties within a reasonable time after the expiration of
  all times following all notices required in chapter 633. The closing
  statement shall be verified or affirmed under penalty of perjury and
  shall include all of the following statements and information: a. To
  the best knowledge of the personal representative, the gross value of
  the probate assets subject to the jurisdiction of this state does not
  exceed the amount permitted under section 635.1. b. The estate has
  been fully administered and will be distributed to persons entitled
  thereto if no objection is filed to the closing statement and the
  accounting and proposed distribution within thirty days after service
  thereof. ... 2. If no actions or proceedings involving the estate are
  pending in the court thirty days after service of the closing
  statement to all interested parties as provided in section 633.40, the
  estate shall be distributed according to the closing statement." —
  https://www.legis.iowa.gov/docs/code/635.pdf (accessed 2026-07-06)
• Iowa Code § 622.1 — "1. When the laws of this state or any lawful
  requirement made under them requires or permits a matter to be
  supported by a sworn statement written by the person attesting the
  matter, the person may attest the matter by an unsworn written
  statement if that statement recites that the person certifies the
  matter to be true under penalty of perjury under the laws of this
  state, states the date of the statement's execution and is subscribed
  by that person. This section does not apply to acknowledgments where
  execution is required by law, to a document which is to be recorded
  under chapter 558 or to a self-proved will under section 633.279,
  subsection 2." — https://www.legis.iowa.gov/docs/code/622.1.pdf
  (accessed 2026-07-06)