Quick answer: estate at or under $100,000, 40 days passed — the affidavit, now potentially reaching real property too as of July 2026. Above $100,000 but at or under $200,000 — Chapter 635. Larger — full probate. Check your own numbers with the Iowa small estate checker.
A rule that just changed after years of blocking every house
No TOD deed to plan around it in advance
Iowa has considered the Uniform Real Property Transfer on Death Act multiple times since 2016 and has never passed it — Iowa courts have held attempted TOD deeds of real estate void for lack of statutory authority. Unlike states such as Oklahoma or Utah, there's no deed-based shortcut here.
Joint tenancy and trusts still work
Property titled in joint tenancy with right of survivorship under Iowa Code §557.15, or held inside a revocable living trust, both pass to the new owner without going through probate — Iowa's two standard planning tools in the absence of a TOD deed option.
The decision, in order
- Is the property in joint tenancy or a trust? → Skips probate entirely.
- Total estate at or under $100,000, 40 days passed? → Small estate affidavit (confirm real property eligibility given the recent change).
- Above $100,000 but at or under $200,000? → Small Estate Administration (Chapter 635).
- None of the above fits → Full probate.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens with the District Court in the decedent's county — Polk County and Linn County among the busiest.