Iowa Small Estate Affidavit

The Iowa Small Estate Affidavit is a form available to a Successor. State law, namely § 633.356(2) provides that in cases where the Decedent died with a will (i.e. testate), the Successor is defined as any, “…Reasonably ascertainable beneficiary or beneficiaries who succeeded to the item of property under the decedent’s will.” On the other hand, if the Decedent died without a will (i.e. intestate), the Successor is defined as any, “…Reasonably ascertainable person or persons who succeeded to the property under the laws of intestate succession of this state.”

Laws & Required Conditions

Laws: § 635.1 to § 635.13

Maximum Estate Value: $100,000

Required Conditions: In accordance with Chapter 365, Administration of Small Estates, an authorized petitioner is granted the right to petition a clerk or court to issue letters of appointment for administration.

In small estate claims without a will, an authorized petitioner is considered one of the following parties, as per § 633.227:

1. The surviving spouse,
2. The heirs of the decedent,
3. Creditors of the decedent, or
4. Other persons showing good grounds therefor.

In line with § 635.2, it is mandatory that the petition features the following inclusions:

  • The Decedent’s name, domicile, and date of death,
  • The surviving spouse’s name and address (if any),
  • The proposed personal representative’s (i.e. the Successor) name and address.
  • Whether the Decedent died intestate or testate,
  • If the Decedent died testate, the date the will was executed is stated, and
  • A statement pertaining to the fact that the assets in question comply with the conditions set out by § 635.1 as well as “the approximate amount of personal property and income for
    the purposes of setting a bond.”