In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Iowa, the law provides a simplified process for administering small estates through the use of a 'small estate affidavit' or a summary administration procedure. If the value of the estate (excluding certain assets like homestead and family allowances) is $100,000 or less, the successors may use an affidavit to collect personal property without going through formal probate. This affidavit is presented to the entity holding the assets (such as a bank) and must be signed by the successors entitled to the property. Additionally, Iowa law allows for the use of a 'Petition for Order of Assignment' for estates that do not exceed the small estate threshold, which can be used to transfer both real and personal property. The process is generally faster and less expensive than formal probate proceedings. However, it is important to consult with an attorney to ensure compliance with all legal requirements and to determine the most appropriate course of action for administering a small estate in Iowa.