Quick checklist: How to confirm a bank account falls below the small‑estate limit in Iowa
This FAQ explains, in plain language, how to determine whether a decedent’s bank account should be included in the probate estate and how to verify whether its balance falls below the small‑estate threshold so you can consider using Iowa’s simplified small‑estate process. This is educational information only and not legal advice. For confirmatory legal guidance, consult an Iowa attorney or the court.
Detailed answer — what to check and how to get reliable balances
Step 1: Understand what counts for the small‑estate calculation
- Only assets that are part of the decedent’s probate estate count toward the small‑estate limit. Nonprobate assets do not count. Common nonprobate items: accounts that have a named payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary, accounts owned jointly with right of survivorship, life insurance with a named beneficiary, most retirement accounts with beneficiaries, and assets already held in a living trust.
- An account in the decedent’s sole name that does not have a valid beneficiary or joint owner generally is probate property and will be counted.
Step 2: Gather documentation showing ownership and balances
- Collect the last bank statements you can find for the account(s). Statements often show account title (owner name), account type, and recent balance.
- Check the deceased person’s mail, online banking, tax records, and checkbooks for account records. If online access exists, sign into the decedent’s online banking (with appropriate authorization) and print or save the account summary and transaction history.
- Look for beneficiary designations in the bank’s account documents or in the deceased person’s important papers. A POD or beneficiary designation often appears on the original account agreement or on a separate beneficiary form.
Step 3: Ask the bank for an official balance as of the date of death
- Contact the bank and tell them the account owner died. Ask the bank how it treats the account (probate vs nonprobate) and whether any co‑owners or beneficiaries are listed.
- Ask the bank to provide an official statement or written confirmation of the account balance as of the date of death and of the account ownership records. Many banks will require a certified copy of the death certificate and identification from the person requesting information.
- If you cannot get the information by phone, submit a written request and keep a copy. Keep records of the bank representative you spoke with and the date/time of the call.
Step 4: Decide what to include in the small‑estate total
- Include only the value of assets that are probate property. Example: a sole‑owner checking account with $8,500 counts. A joint account that automatically passed to a surviving co‑owner does not count.
- When calculating totals, use the balance as of the date of death (not current balance if withdrawals or deposits occurred after death) unless the small‑estate procedure in Iowa directs otherwise.
- Subtract any property that is clearly nonprobate. If you are unsure whether an item is nonprobate, note it separately and ask the bank or an attorney.
Step 5: Confirm the applicable small‑estate threshold and process
- Iowa provides simplified procedures for small estates. The statutory limit and the exact steps can change over time. To confirm the current dollar limit and the forms/process, check the Iowa Judicial Branch probate information and the Iowa Code or speak with a probate clerk or an attorney.
- Helpful official resources: Iowa Judicial Branch probate information and forms (https://www.iowacourts.gov/for-the-public/representing-yourself/probate/) and the Iowa Legislature site (https://www.legis.iowa.gov/) where you can search current statutes and rules.
Practical example (hypothetical)
Mary passed away. You find a single‑owner checking account titled only in Mary’s name. Her last statement dated two months before death shows $12,300. The bank confirms, after you provide the death certificate, that the account had $12,300 on the date of death and that no beneficiary or co‑owner is listed. Because that account is probate property and its date‑of‑death balance is $12,300, it should be included in the small‑estate calculation. If the small‑estate threshold you rely on is $20,000 (confirm current Iowa law for the precise statutory limit), Mary’s account alone would be under that limit. But you must add other probate assets (personal property, other sole accounts) to make a final determination.
When a bank will not give you balance information
- Banks often require a certified death certificate and proof of your relationship or authority (executor, administrator, or an affidavit). If you are not the appointed representative, the bank may limit what it will disclose.
- If the bank will not provide a balance or the account agreement is unclear, you can gather other evidence: multiple bank statements, tax returns showing interest income, check images, or a printout of online banking showing the historical balance.
- If necessary, file the small‑estate affidavit or a petition for appointment of a personal representative and request the bank to respond to the court order. A probate clerk or attorney can advise on that route.
Helpful hints — quick checklist
- Gather: last bank statements, checkbook, online login, original account agreement, beneficiary forms, and the decedent’s ID documents.
- Bring a certified copy of the death certificate when contacting the bank.
- Ask the bank for a written “balance as of date of death” and ownership record. Keep a copy.
- Separate probate property from nonprobate property (POD/TOD, joint accounts, trusts, life insurance, retirement accounts).
- Do not assume a joint account is fully nonprobate — ask the bank how title is shown and whether a right of survivorship exists.
- Confirm the current Iowa small‑estate dollar limit before relying on it. Check Iowa Judicial Branch forms and the Iowa Code online or contact the probate clerk in the county where the decedent lived.
- If totals are near the statutory threshold, consult an Iowa probate attorney — a small difference can change whether formal probate is required.
Where to go for official forms and statutes
- Iowa Judicial Branch — probate information and self‑help forms: https://www.iowacourts.gov/for-the-public/representing-yourself/probate/
- Iowa Legislature (Iowa Code and statute search): https://www.legis.iowa.gov/
- County probate clerk — contact the clerk in the county where the decedent lived to ask about small‑estate procedures and local forms.
Final note / Disclaimer: This information is educational and does not constitute legal advice. Laws and dollar amounts change. To confirm the current small‑estate limit or to get legal advice tailored to your situation, consult an Iowa probate attorney or contact the county probate clerk.