How to Use a Small Estate Affidavit in Iowa to Claim a Deceased Parent’s Bank Account

Short answer: In Iowa you can often use a sworn affidavit to collect small amounts of a decedent’s personal property (like money in a bank account) without formal probate, but you must meet the statutory requirements, follow the bank’s procedures, and provide required documents (death certificate, identification, and a notarized affidavit). This is general information and not legal advice.

Detailed answer — what a small estate affidavit is and when you can use it

Many Iowa estates that only contain personal property of modest value can be settled without opening a full probate case. Iowa’s laws governing decedents’ estates (see Iowa Code, chapter 633) provide the legal framework for collecting a deceased person’s assets. A small estate affidavit is a sworn, notarized statement by an heir or other authorized person that states the basic facts about the decedent, the assets, and the person’s right to receive those assets. Banks and other holders of property often accept such an affidavit to release funds.

Key legal reference (Iowa Decedents’ Estates): Iowa Code, chapter 633. Review the chapter or speak with the clerk of court for details about statutory procedures that may apply.

Does the estate qualify?

• The affidavit procedure generally applies only to personal property (bank accounts, some personal effects), not to real estate. If the decedent owned real property or the total estate exceeds the threshold in the statute or the bank’s limit, formal probate may be required.
• If a will names an executor and probate was or should be opened, a bank may require formal probate or the executor’s letters of appointment rather than an affidavit.
• If any creditor, beneficiary, or other party disputes the claim, the bank may refuse to release funds and the claimant may need to open probate or seek a court order.

Who can sign the affidavit?

Typically an heir at law (for example a surviving spouse or adult child) or an appointed personal representative signs the affidavit. The person signing must be able to truthfully state facts required by the affidavit (relationship to the decedent, that no probate is pending, the value of assets, and entitlement to those assets).

Typical documents banks request

• Certified copy of the decedent’s death certificate.
• The notarized small estate affidavit (completed with required facts and sworn signature).
• Valid photo ID of the person presenting the affidavit.
• Sometimes multiple certified death certificates (banks often require their own copy).
• If applicable, a copy of the will or letters testamentary if probate has been opened.

How to prepare and use the affidavit — step by step

1. Confirm whether the estate likely qualifies as a small estate under Iowa law and confirm the bank’s internal threshold and required form or language. Call the bank first and ask what form or documents they accept for a deceased account.
2. Obtain certified copies of the death certificate from the vital records office or funeral home.
3. Obtain or draft the small estate affidavit. If the bank has its own small estate affidavit form, use it. If the bank does not provide a form, the affidavit should include: the decedent’s name and date of death; the claimant’s name and relationship; a statement that no probate administration is pending and none is necessary; a description and estimated value of the asset(s) claimed; and a sworn statement of entitlement. The affidavit must be signed before a notary public.
4. Gather identification and any additional documents the bank asks for (account numbers, deceased’s account statements, etc.).
5. Present the affidavit, death certificate, and ID to the bank. The bank may pay the funds directly to the claimant, or require additional paperwork. Banks have discretion and may refuse if they suspect disputes, will contests, or other complications.
6. If the bank refuses or a dispute arises, you may need to open probate or ask the court for a court order directing the bank to release the funds.

When you should not use an affidavit

• If the estate includes real estate or large assets that exceed statutory or institutional thresholds.
• If a will names an executor and formal probate has been or should be opened.
• If there is any dispute among heirs or potential creditors that could lead to litigation.
• If the bank’s internal policies require letters of appointment or a court order.

Practical example (hypothetical)

Suppose your father died and his sole bank account held $6,000. You are his only child and there is no will, no real property, and no probate filed. You call the bank and learn the bank will accept a sworn small estate affidavit plus a certified copy of the death certificate and your photo ID. You complete the affidavit, have it notarized, present it with the death certificate, and the bank releases the account balance to you. If the bank declines, you may need to open a formal probate or obtain a court order.

Helpful Hints

• Contact the bank early. Many banks have internal forms and rules that speed the process.
• Get multiple certified death certificates — banks and other institutions often want their own certified copy.
• Keep careful records: copies of the affidavit, what you submitted, and any communications with the bank.
• If you expect disputes, the decedent had substantial assets, or the account is large, consult an attorney to avoid mistakes that could later expose you to liability.
• Check the applicable Iowa statutes and courthouse resources before relying on an affidavit: see Iowa Code, chapter 633: https://www.legis.iowa.gov/docs/ico/chapter/633.pdf.
• If you file anything with the court or open probate, the county clerk of the district court can explain local filing requirements and forms.

When to get legal help

Consider speaking with an attorney if:

• The bank refuses your affidavit and you cannot resolve the issue.
• There are multiple potential heirs or disputes over who is entitled to the funds.
• The estate contains real property, significant assets, or likely creditor claims.

Disclaimer: This article explains general information about Iowa small estate procedures. It is not legal advice and does not create an attorney–client relationship. Laws change and facts matter. For advice about your specific situation, consult a licensed Iowa attorney or the district court clerk in the county where the decedent lived.