Probate in Iowa: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Iowa, family can use a small estate affidavit 40 days after death if personal property is $50,000 or less and there is no real estate. Estates up to $200,000 can use a simpler small estate probate. Iowa has no transfer on death deed for homes, and no inheritance tax for deaths from 2025 on.

When someone dies in Iowa, the family's first question is usually practical. Do we have to go to court, and how long will it take?

For a modest estate with no house, the answer may be no. For larger estates, Iowa has a simpler probate for estates up to $200,000. This page covers each one, plus who inherits if there is no will and what's different about Iowa. It is part of our estate planning guides for each state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Iowa?

Yes, if the estate fits (Iowa Code 633.356). Iowa calls it "distribution of property by affidavit" for very small estates. The conditions:

At least 40 days have passed since the death.
The gross value of personal property passing by will or without a will is $50,000 or less.
There is no real estate. For deaths on or after January 1, 2025, any real property disqualifies the estate.
No probate administration is pending.

The successor gives the holder, such as a bank, a sworn affidavit and a certified death certificate. A holder who unreasonably refuses can be ordered to pay attorney fees.

The real estate rule is the one that trips people up. Even a small cabin or a vacant lot in the estate means the affidavit isn't available.

What is small estate administration?

If the affidavit doesn't fit, Iowa has a simpler probate. When gross probate assets under Iowa's jurisdiction are $200,000 or less, the clerk issues letters on a simplified petition (Iowa Code 635.1, 635.2). The regular probate rules still apply unless the small estate chapter says otherwise (Iowa Code 635.7).

Iowa's code doesn't use the "informal" or "independent" probate labels some states use. Small estate administration is its main simplified path. Our post on the probate process walks through the steps, and how long probate takes covers timing.

Who inherits if there's no will?

Iowa's intestacy law decides (Iowa Code 633.211, 633.212). Iowa is not a community property state.

If all your children are also your spouse's children, or you have no children, your spouse takes everything.

Blended families are different. If you have children who are not your spouse's, your spouse takes one-half of the real estate, the exempt personal property, and one-half of the other personal property. That share is topped up if needed so your spouse receives at least $50,000 after debts.

What doesn't go to a spouse passes in this order (Iowa Code 633.219):

Your children and their descendants.
Your parents equally, or the surviving parent.
Your brothers and sisters, nieces and nephews (half through your mother's side, half through your father's).
Your grandparents or their descendants, half on each side.
Your great-grandparents or their descendants.
The descendants of a deceased spouse.
The state.

Notice that friends never appear. If you want a friend, a charity or a favorite neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

With a will, any interested person may ask the court to probate it and appoint the executor named in it (Iowa Code 633.290).

With no will, Iowa uses time windows instead of a ranked list (Iowa Code 633.227, 633.228):

The surviving spouse has the first 20 days after death to petition.
Then the heirs, then creditors, then others with good grounds, each getting 10 days in turn.

If an earlier group has no members, the next window moves up. Anyone may still petition after their window if letters haven't issued yet.

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

This is where Iowa is stricter than many states. Any competent Iowa resident adult may serve. A nonresident may be appointed only on application, and an Iowa resident fiduciary must serve alongside them, unless the court finds good cause to let the nonresident serve on their own (Iowa Code 633.64).

There is no relatives-only rule. But a son in Minnesota will likely need an Iowa co-fiduciary or a good reason to serve on their own. A fiduciary who moves out of Iowa may be removed (Iowa Code 633.65).

How long do creditors have?

The personal representative publishes notice once a week for two weeks in a row and mails notice to known creditors (Iowa Code 633.304). A creditor must file with the clerk by the later of four months after the second publication or one month after the mailed notice (Iowa Code 633.410). Medicaid estate recovery has its own six-month window.

How much is the personal representative paid?

Iowa sets a maximum (Iowa Code 633.197). The court sets reasonable fees, but not more than:

6% of the first $1,000,
4% of the next $4,000 (from $1,000 to $5,000), and
2% of everything over $5,000,

figured on the gross assets in the probate inventory. The estate's attorney is capped by the same schedule (Iowa Code 633.198). The court may allow more for extraordinary work, such as selling real estate or handling disputes (Iowa Code 633.199). Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Not with a transfer on death deed. Iowa has no transfer on death deed for real estate. Its transfer on death law covers securities only (Iowa Code 633D.1).

That matters because any real estate also rules out the small estate affidavit. A revocable living trust is a common way to keep a home out of probate. A trustee then hands it on as the trust says. Our post on how to avoid probate compares the options.

Will my heirs owe Iowa estate or inheritance tax?

No, for deaths on or after January 1, 2025. Iowa's inheritance tax no longer applies to those estates, and its estate tax was repealed in 2014 (Iowa Code 450.98). Deaths before 2025 still fall under the old, phased-down inheritance tax.

Which path fits?

Situation	Likely path
Personal property of $50,000 or less, no real estate, 40 days have passed	Small estate affidavit
Any real estate, or more than $50,000, but gross probate assets of $200,000 or less	Small estate administration
Gross probate assets over $200,000	Regular probate
Home held in a living trust	Passes under the trust, outside probate
Executor lives outside Iowa	Plan for an Iowa co-fiduciary, or ask the court for good cause

Here is a typical case, a composite. Joyce, 78, lived in Ames and never married. Her home was in a living trust naming her niece as successor trustee. Her savings account held about $30,000. Forty days after Joyce died, her niece used the affidavit for the account. The house passed under the trust. There was no court case.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Iowa financial power of attorney guide and Iowa medical power of attorney guide.

Common questions

What is the small estate limit in Iowa?

$50,000 in personal property for the affidavit, with a 40-day wait and no real estate for deaths from 2025 on. Estates with gross probate assets up to $200,000 can use small estate administration.

Does Iowa allow transfer on death deeds?

No. Iowa has no transfer on death deed for real estate. Its transfer on death law covers securities only.

Can someone who lives in another state be executor in Iowa?

Yes, but usually an Iowa resident fiduciary must serve alongside them. The court can let a nonresident serve on their own for good cause.

Does Iowa still have an inheritance tax?

Not for deaths on or after January 1, 2025. Iowa's estate tax was repealed in 2014.

How much can an executor charge in Iowa?

The court sets reasonable fees, capped at 6% of the first $1,000, 4% from $1,000 to $5,000, and 2% above that, on gross probate assets. The court may allow more for extraordinary work.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

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