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Iowa Code § 633.356 · checked 2026-10-20
Iowa small estate affidavit limit
In Iowa the small estate affidavit (distribution of personal property) is available when the gross value of the decedent's personal property that would pass by will or intestacy is $50,000 or less, and it can be used 40 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $50,000
- 2Waiting period 40 days
- 3Filed with Asset holder
- 4Statute Iowa Code § 633.356
What Iowa Code § 633.356 says
The operative words of the statute, as read on 2026-10-20:
“fifty thousand dollars or less”
That test is applied to the gross value of the decedent's personal property that would pass by will or intestacy. For deaths on or after January 1, 2025 the estate must include no real property.
Source: Iowa Code § 633.356. Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under Iowa Code § 633.356 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — gross value of the decedent's personal property that would pass by will or intestacy — not everything the person owned. Iowa's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Maryland, Michigan.
When the route opens
The statute requires 40 days to pass after the death. For a death on January 15, 2026, the earliest date is February 24, 2026. 3 of the 31 jurisdictions with a written wait make people wait longer and 24 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 4 months counted from the second publication of the notice to creditors (Iowa Code § 633.410(1)). The Iowa probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. Opening full administration for an estate of $51,000 would cost $102 under Iowa Code § 633.31 — see probate court fees in Iowa.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit (distribution of personal property) and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby West North Central jurisdictions
Kansas: $75,000; Minnesota: $75,000 after 30 days; Missouri: $40,000 after 30 days; Nebraska: $100,000 after 30 days; North Dakota: $100,000 after 30 days; South Dakota: $100,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Iowa probate court or its self-help center before filing.