Iowa probate code · checked October 2026
For money and belongings, Iowa's affidavit limit is $50,000 — applied to the estate after the assets that pass automatically are taken out. For deaths on or after January 1, 2025, the affidavit requires that the estate contain no real property at all; a house closes this door. The affidavit, where one exists, cannot be used until 40 days have passed since the death.
The affidavit limit today: $50,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 40 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap for a surviving spouse as sole heir.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $50,000 | Presented to whoever holds the property; no court case. |
| Administration of Small Estates (Iowa Code ch. 635, § 635.1) | $200,000 | Administration of Small Estates (Iowa Code ch. 635) is a court administration with letters, capped at $200,000 of gross probate assets. |
Vehicles are tangible personal property collectible by the 633.356 affidavit if the estate qualifies (title transfer handled with the county treasurer / Iowa DOT); no separate vehicle exclusion from the $50,000 cap was found.
Affidavit must state creditors, if any, will be paid to the extent of funds received, any Medicaid debt owed to HHS will be paid to that extent, and (for pre-2025 deaths) inheritance/other taxes will be paid to that extent (633.356(3)(a)(9)-(11)).
Rules checked October 2026 · Sources: Iowa Code 633.356(1),(3) (2026 Code); Iowa Code 635.1 (2026 Code); Iowa Code ch. 633D (TOD registration of securities - not real estate). This page reads the published law; it is not legal advice, and the court is the final word.