After a death in Iowa

Small estates

Two options. 1) Affidavit for distribution of property (Iowa Code 633.356): personal property worth $50,000 or less, no real estate in the estate, no estate open in court, and at least 40 days since death. The heirs or will beneficiaries sign it and give it to the holder of the asset. 2) Small estate administration in court (Iowa Code chapter 635) when the gross value of Iowa probate assets is $200,000 or less, with simpler steps.

• Limit: $50,000 for the affidavit; $200,000 for small estate administration in court
• Waiting time after the death: 40 days for the affidavit
• Source: the official source

Probate court

In Iowa, estates are handled by the Iowa District Court for the county (probate), usually in the county where the person lived.

Creditor claims: The later of 4 months after the second publication of the notice to creditors, or 1 month after a known creditor is mailed notice. Iowa Medicaid has 6 months after it is sent notice.

Official court forms

Probate - Estates and Wills | Iowa Judicial Branch

Plain answers from the Iowa courts about wills, what happens without a will, and opening an estate.

Iowa courts do not post an official small estate affidavit. Contact the clerk of district court in the county where the person lived.

Estate and inheritance tax

• State estate tax: No. Iowa has no estate tax.
• Inheritance tax: No. Iowa inheritance tax does not apply to deaths on or after January 1, 2025. It can still apply to deaths before 2025.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Iowa does not allow transfer on death deeds for real estate. Bills (such as HF 816 in 2025) have not passed. Families often use a revocable trust or joint tenancy with right of survivorship. Transfer on death registration is allowed for securities.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the person making the will and two competent witnesses, who sign in the presence of the testator and each other. It can be made self-proved with an affidavit signed before a notary.

Handwritten wills: Handwritten wills without two witnesses are not valid.

Power of attorney and health care directive

Financial power of attorney: Iowa adopted the Uniform Power of Attorney Act (Iowa Code chapter 633B). The principal signs, and the power of attorney must be acknowledged before a notary. The agent cannot be the notary. There is an optional statutory form.

Health care directive: Durable power of attorney for health care (Iowa Code chapter 144B) and living will declaration (chapter 144A). Each must be signed in front of two adult witnesses who watch together, or acknowledged before a notary. At least one witness cannot be a close relative. Your treating health care provider, their employees and your named agent cannot witness. IPOST is the medical order form.

Death certificates

Certified copies come from the Iowa HHS Bureau of Vital Records, or any county recorder (for deaths from 1954 on). The fee is $20 per certified copy. The funeral home can usually order them for you.

Only the person’s spouse, children, parents, grandparents, grandchildren, siblings, legal representative or guardian, or others with proof of a legal right can get certified copies.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Iowa ended its inheritance tax for deaths on or after January 1, 2025. Iowa still has no transfer on death deed for a home.