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Probate. In Iowa, a small estate is categorized based on the assets owned by the deceased at the time of death. To be considered a small estate, the sum of the assets must equal $200,000 or less.
Step 1 ? Wait 40 Days. Per I.C.A. ... Step 2 ? Gather Documents and Information. You'll need a certificate of death, which you can obtain from a county health office (Location Finder). ... Step 3 ? Prepare Affidavit. ... Step 4 ? Collect the Assets.
§ 633.356(1), forty (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 it must not contain any real property.
If your estate does not exceed a certain value (currently $25,000.00) and consists solely of personal property, a probate proceeding may not be required and the estate can be transferred with an affidavit. Creditor claims must still be paid, however. A will remains effective until it is changed or revoked.
Do All Estates Have to Go Through Probate in Iowa? Not all estates will need to go through probate, but most of them will follow that process. If the estate is worth less than $50,000 and doesn't contain real estate, an affidavit is often all that is needed to transfer the property to the heirs.
IOWA CODE § 635.1. Where there is no will, a petition for small estate administration may be made by a surviving spouse, heirs of the decedent, creditors of the decedent, or any other persons showing good grounds therefor; if there is a will, such a petition may be filed by any interested person.
Do All Estates Have to Go Through Probate in Iowa? Not all estates will need to go through probate, but most of them will follow that process. If the estate is worth less than $50,000 and doesn't contain real estate, an affidavit is often all that is needed to transfer the property to the heirs.