For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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How to Write (1) Iowa Small Estate Distributee As Declarant. ... (2) Distributee Name. ... (3) Iowa Decedent Name. ... (4) Date Of Iowa Decedent Death. ... (5) County Of Iowa Decedent Death. ... (6) Distributee As Iowa Affiant. ... (7) Address Of Distributee/Iowa Affiant. ... (8) Description Of Iowa Decedent Asset.
Unless specifically set forth in the decedent's will, Iowa law provides a maximum which may be charged by an attorney or personal representative for fees in any estate. Probate can take two years or even longer for a large or contested estate.
If there is no real estate to transfer and the sum of the deceased assets is $50,000 or less, an eligible person can use a small estate affidavit, rather than going through probate. Iowa Code 633.356 establishes the requirements for a small estate affidavit.
Since the affidavit does not need to be filed with the court, there are no filing or court fees. The only cost is likely to be paying to have signatures notarized. However, a notary's services typically cost $20 or less. Illinois lays out the requirements of a small estate affidavit on its legislative website.
Most inheritance cases in Iowa will require probate. However, there are a few exceptions, such as having an estate with a value of less than $25,000 that only includes personal property.
