Laws

Days after Death – Forty (40) days. According to I.C.A. § 633.356(1), 40 days must pass between the date of death and the use of a small estate affidavit.
Maximum – $50,000. I.C.A. § 633.356(1) defines a very small estate as having a gross value of $50,000 or less and must not contain any real property.
Social Security Number (SSN) – The decedent’s Social Security Number (SSN) must be included in the form. (I.C.A. § 633.356)
Signing – The affidavit must be signed and sworn before a notary public.
Statutes – A successor, as defined in subsection 2 of § 633.356, may collect property owned by the decedent by furnishing an affidavit prepared under subsection 3 or 8.

How to File (4 steps)

1. Wait 40 Days

Per I.C.A. § 633.356(1), a successor must wait 40 days before using a small estate affidavit.

2. Gather Information

You’ll need a certificate of death, which you can obtain from a county health office. You’ll also need a general description of the property the decedent owned that will be paid to each successor (excluding real estate) and information about each successor.

3. Prepare Affidavit

Download the Affidavit for Distribution of Property and use the information you have gathered to fill it out.

4. Collect the Assets

Present the affidavit to a third party that possesses the deceased’s property, such as a bank or company, to gather and distribute it to each named successor. This does not have to be filed in court.

Iowa Small Estate Affidavit Form | Affidavit for Distribution of Property

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