Contents
The Iowa Small Estate Affidavit is a valuable legal tool designed to simplify the process of settling the estates of individuals who have passed away, particularly when their assets fall below a certain threshold. This form allows heirs or designated representatives to claim the deceased's property without the need for a lengthy probate process. To utilize the Small Estate Affidavit, the total value of the estate must not exceed $100,000, excluding certain types of property, such as real estate. The affidavit must be completed accurately, providing essential information about the deceased, including their name, date of death, and a detailed list of the assets to be transferred. Additionally, the form requires the signatures of all heirs, affirming their consent to the distribution of the estate's assets. By streamlining the transfer of property, the Small Estate Affidavit serves as an efficient alternative to traditional probate proceedings, allowing families to focus on healing rather than navigating complex legal processes.
Iowa Small Estate Affidavit Preview
Iowa Small Estate Affidavit Template
This Iowa Small Estate Affidavit Template is intended for use by individuals seeking an expedited process to manage the estate of a deceased person who resided and died in Iowa, where the total value of the estate falls under the threshold specified by Iowa law. It is designed in accordance to the Iowa Small Estates Act relevant statutes, offering a simplified procedure for asset distribution without a formal probate process.
Instructions:
Complete the affidavit below with the required information. Please ensure accuracy in all details provided to avoid unnecessary delays. Consult legal advice if necessary to ensure compliance with Iowa state laws.
Small Estate Affidavit
State of Iowa
County of ___________
I, ________________________ (Affiant), residing at ____________________________________, being duly sworn, declare under penalty of perjury:
- The decedent, ________________________, whose last known address was ____________________________________, in the County of ___________, State of Iowa, died on __________, as evidenced by an attached certified copy of the death certificate.
- At the time of death, the decedent was a resident of Iowa, and the value of the entire estate that the decedent owned in Iowa, less liens and encumbrances, does not exceed the amount prescribed by Iowa law under the Iowa Small Estates Act.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
- The claiming successor(s) are entitled to the property of the decedent, and no other person has a right to the interest of the decedent under the laws of intestate succession in Iowa.
- All debts, including funeral and burial expenses, have been paid or adequately provided for.
- A detailed description of all personal property, including the value of each item of property claimed under this affidavit, is listed below:
Description of Property
______________________________________________________________
______________________________________________________________
And so forth for each item of property.
The undersigned requests that the described property be released to the claiming successor(s) without the necessity of an administration upon the estate.
Dated this ___ day of __________, 20__.
Affiant Signature: __________________________________
Printed Name: ________________________
State of Iowa
County of ___________
Subscribed and sworn to (or affirmed) before me this ___ day of __________, 20__, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature: ________________________________
My commission expires: __________
Document Features
| Fact Name | Details |
|---|---|
| Purpose | The Iowa Small Estate Affidavit form allows individuals to collect the assets of a deceased person without going through formal probate proceedings. |
| Eligibility | To use this form, the total value of the estate must not exceed $100,000, excluding real estate. |
| Governing Law | The Iowa Small Estate Affidavit is governed by Iowa Code § 635.1. |
| Filing Process | After completing the affidavit, it must be signed in the presence of a notary public before being submitted to the appropriate financial institutions or entities holding the deceased's assets. |
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