"Small Estate Affidavit Form" - Iowa

Iowa Small Estate Affidavit Form: What Is It?

An Iowa Small Estate Affidavit is a formal request prepared by the legal heirs of the person that passed away if the latter did not compose a will and their estate is not greater than the maximum amount prescribed by the state - the family of the decedent and other beneficiaries have the right to get access to the tangible and intangible property of the estate owner while avoiding the court proceedings.

Alternate Name:

  • Affidavit for Distribution of Property.

It is advised to opt for a quick settlement especially if all the prospective heirs can be identified and there are no disputes that involve the estate.

You may find a fillable Iowa Small Estate Affidavit via the link below.

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How to File a Small Estate Affidavit in Iowa?

Follow these guidelines to draft an Iowa Small Estate Affidavit Form properly:

  1. Comply with the regulations that govern the Iowa Small Estate Affidavit procedure - you are required to wait minimum forty days after the passing of the estate owner before preparing the document, the amount of the estate cannot be more than $50.000, and the papers must be reviewed and signed by a notary public.
  2. Write the affidavit in question. Include your own name and physical address, identify the estate owner, record their date and place of death, list all the assets you are planning to distribute and their amount, describe debts, liabilities, expenses, and fees you still need to deal with on behalf of the estate, specify the marital status of the decedent and write down the names of their children, parents, and siblings if necessary, enter the names of people entitled to receive the property as a result of the estate settlement and indicate who receives particular assets.
  3. Sign and date the document in the presence of a notary public - without a notary seal, the affidavit will be considered invalid. This form has to be read and signed by two impartial witnesses as well.
  4. Once the affidavit is finalized, you are not under the obligation to file it with any authorities or notify the local court about the existence of the document. You may simply present this instrument to any person or entity that currently holds the assets of the decedent, collect them, and distribute them adhering to the provisions of the affidavit.
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Iowa Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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Iowa Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
If more Heirs or Devisees continue in Attachment A.
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12. All heirs or devisees will be given notice of this affidavit within 30 days of filing.
13. All assets of the Decedent’s estate (whether real property or personal property,
whether community property or separate property) and the value of such assets are listed
below:
Asset
Value
Additional information
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
If more Assets continue in Attachment B.
14. All liabilities and debts of the Decedent’s estate, and what the estate owes each
creditor, are listed below:
Liability/Debt
Amount owed
Creditor information
$________________
$________________
$________________
$________________
$________________
$________________
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$________________
$________________
$________________
If more Liabilities/Debts continue in Attachment C.
15. The following heirs or devisees are entitled to the following property:
Heir or Devisee
Property
If more Liabilities/Debts continue in Attachment D.
16. This document is governed under the laws in the State of ______________________.
__________________________________
Affiant’s Signature
Signed and sworn to me on _________________________________________.
State of ______________________.
County of ________________________.
I, the undersigned authority in and for said County in said State, hereby certify that
____________________________________, whose name is signed as the Affiant in this
small estate affidavit, and who is known to me, acknowledged before me on this day that,
being informed of the contents of the said document, they executed the same voluntarily
on the day the same bears date.
Given under my hand on _____________________________________.
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_________________________________
_________________________________
Notary Public’s Printed Name
Date
_________________________________
_________________________________
Notary Public’s Signature
Commission Expiration Date
Note: in addition, your State may require the affidavit and signatures of two (2)
disinterested witnesses.
Witness 1
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
Witness 2
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
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