IA risk area
Probate risk in Iowa
Court-supervised estate process, timing, cost exposure, and public record requirements.
Iowa allows distribution of very small estates by affidavit when the personal property threshold is met and a short waiting period has passed.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- Affidavit use is limited to personal property of $50,000 or less.
- No real property may exist, or real property must pass to exempt persons as joint tenants with survivorship rights.
- At least 40 days must pass after death before using the affidavit.
- The procedure is available only if no administration is pending.
Questions to consider
Questions this risk area helps you evaluate in Iowa
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Iowa allows distribution of very small estates by affidavit when the personal property threshold is met and a short waiting period has passed.
- Affidavit use is limited to personal property of $50,000 or less.
- No real property may exist, or real property must pass to exempt persons as joint tenants with survivorship rights.
- At least 40 days must pass after death before using the affidavit.
- The procedure is available only if no administration is pending.
- The affidavit must describe the property to be collected and identify the distributees.
Sources
- https://www.legis.iowa.gov/docs/code/633.356.pdf
- https://www.nolo.com/legal-encyclopedia/iowa-avoiding-probate-31914.html
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Iowa.