1. When the gross value of the decedent’s personal property that would otherwise be
distributed by will or intestate succession is or has been, at any time since the decedent’s
death, fifty thousand dollars or less and there is no real property, or for deaths occurring
before January 1, 2025, the real property passes to persons exempt from inheritance tax
as joint tenants with full rights of survivorship pursuant to chapter 450, and if forty days
have elapsed since the death of the decedent, a successor as defined in subsection 2 may, by
furnishing an affidavit prepared pursuant to subsection 3 or 8, and without procuring letters
of appointment, do any of the following with respect to one or more items of such personal
property:
a. Receive any item of tangible personal property of the decedent.
b. Have any evidence of a debt, obligation, interest, right, security, or chose in action
belonging to the decedent transferred.
c. Collect the proceeds from any life insurance policy or any other item of property for
which a beneficiary has not been designated.
2. “Successor” means:
a. If the decedent died testate, the reasonably ascertainable beneficiary or beneficiaries
who succeeded to the item of property under the decedent’s will. For the purposes of this
subsection, the trustee of a trust created during the decedent’s lifetime is a beneficiary under
the decedent’s will if the trust succeeds to the property under the decedent’s will.
b. If the decedent died intestate, the reasonably ascertainable person or persons who
succeeded to the property under the laws of intestate succession of this state.
c. If the decedent received medical assistance benefits from the state, the Iowa Medicaid
agency that provided the benefits is a successor pursuant to subsection 8.
3. a. To collect money, receive tangible personal property, or have evidences of intangible
personal property transferred under this section, a successor shall furnish to the holder of the
decedent’s property an affidavit under penalty of perjury stating all of the following:
(1) The decedent’s name, social security number, and date and place of death.
(2) That at least forty days have elapsed since the death of the decedent, as shown by an
attached certified copy of the death certificate of the decedent.
(3) That the gross value of the decedent’s personal property that would otherwise be
distributed by will or intestate succession is, or has been at any time since the decedent’s
death, fifty thousand dollars or less and there is no real property, or for deaths occurring
before January 1, 2025, the real property passes to persons exempt from inheritance tax as
joint tenants with full rights of survivorship pursuant to chapter 450.
(4) A general description of the property of the decedent that is to be paid, transferred, or
delivered to or for the benefit of each successor.
(5) The name, address, tax identification number and relationship to the decedent of each
successor, and whether any successor is under a legal disability.
(6) If applicable pursuant to subsection 2, paragraph “a”, that the attached copy of the
decedent’s will is the last will of the decedent and has been delivered to the office of a clerk
of the district court in accordance with Iowa law.
(7) That no persons other than the successors listed in the affidavit have a right to the
interest of the decedent in the described property.
(8) That the affiant requests that the described property be paid, delivered, or transferred
to or for the benefit of each successor.
(9) That no debt is owed to the department of health and human services for
reimbursement of Medicaid benefits; or if debt is owed, that the debt will be paid to the
extent of funds received pursuant to the affidavit.
(10) That no inheritance or other taxes are owed to the department of revenue for a death
occurring prior to January 1, 2025, or if taxes are owed, that the taxes will be paid to the
extent of funds received pursuant to the affidavit.
(11) That creditors, if any, will be paid to the extent of funds received pursuant to the
affidavit.
(12) That the affiant affirms under penalty of perjury that the affidavit is true and correct.
b. If there are two or more successors, any of the successors may execute an affidavit
under this subsection.
4. a. If the decedent had evidence of ownership of the property described in the affidavit
and the holder of the property would have the right to require presentation of the evidence
of ownership before the duty of the holder to pay, deliver, or transfer the property to the
decedent would have arisen, the evidence of the ownership, if available, shall be presented
with the affidavit to the holder of the decedent’s property.
b. If the evidence of ownership is not presented to the holder of the property, the holder
may require, as a condition for the payment, delivery, or transfer of the property, that the
affiant provide the holder with a bond in a reasonable amount determined by the holder to
be sufficient to indemnify the holder against all liability, claims, demands, loss, damages,
costs, and expenses that the holder may incur or suffer by reason of the payment, delivery,
or transfer of the property. This subsection does not preclude the holder and the affiant
from dispensing with the requirement that a bond be provided, and instead entering into an
agreementsatisfactorytotheholderconcerningthedutyoftheaffianttoindemnifytheholder.
c. Judgments rendered by any court in this state and mortgages belonging to a decedent
whosepersonalpropertyisbeingdistributedpursuanttothissectionmay, withoutpriororder
of court, be released, discharged, or assigned, in whole or in part, as to any property, and
deeds may be executed in performance of real estate contracts entered into by the decedent,
where an affidavit made pursuant to subsection 3 or 8 is filed in the office of the county
recorder of the county wherein any judgment, mortgage, or real estate contract appears of
record.
5. Reasonable proof of the identity of each successor seeking distribution by virtue of the
affidavit shall be provided to the satisfaction of the holder of the decedent’s property.
6. a. If the requirements of this section are satisfied:
(1) The property described in the affidavit shall be paid, delivered, or transferred to or for
the benefit of each successor.
(2) A transfer agent of a security described in the affidavit shall change registered
ownership on the books of the corporation from the decedent to or for the benefit of each
successor.
(3) The holder of the property may return the attached certified copy of the decedent’s
death certificate to the affiant.
b. If the holder of the decedent’s property refuses to pay, deliver, or transfer any property
or evidence thereof to or for the benefit of the successor within a reasonable time, a successor
may recover the property or compel its payment, delivery, or transfer in an action brought
for that purpose against the holder of the property. If an action is brought against the holder
under this subsection, the court shall award attorney fees to the person bringing the action if
the court finds that the holder of the decedent’s property acted unreasonably in refusing to
pay, deliver, or transfer the property to or for the benefit of the successor as required by this
subsection.
7. a. If the requirements of this section are satisfied, receipt by the holder of the
decedent’s property of the affidavit under subsection 3 or 8 constitutes sufficient acquittance
for the payment of money, delivery of property, or transferring the registered ownership of
property pursuant to this section and discharges the holder from any further liability with
respect to the money or property. The holder may rely in good faith on the statements in the
affidavit and has no duty to inquire into the truth of any statement in the affidavit.
b. Iftherequirementsofthissectionaresatisfied,theholderisnotliableforanydebtowed
by the decedent by reason of paying money, delivering property, or transferring registered
ownership of property pursuant to this section. If an action is brought against the holder
under this section, the court shall award attorney fees to the holder if the court finds that the
holder acted reasonably in paying, delivering, or transferring the property as required by this
section.
8. a. If an affidavit, executed under this section for a deceased distributee of an estate
being administered in this state, is filed with the clerk of the district court in which the estate
is being administered, the court shall direct the personal representative to pay the money or
deliver the property to or for the benefit of each successor to the extent the court determines
that the deceased distributee would have been entitled to money or property of the estate.
b. When the department of health and human services is entitled to money or property
of a decedent pursuant to section 249A.53, subsection 2, and no affidavit has been presented
by a successor as defined in subsection 2, paragraph “a” or “b”, within ninety days of the
date of the decedent’s death, the funds in the account or other property, up to the amount
of the claim of the department, shall be paid to the department upon presentation by the
department or an entity designated by the department of an affidavit to the holder of the
decedent’s property. Such affidavit shall include the information specified in subsection 3,
except that the department may submit proof of payment of funeral expenses as verification
of the decedent’s death instead of a certified copy of the decedent’s death certificate. The
amount of the department’s claim shall also be included in the affidavit, which shall entitle
the department to receive the funds as a successor. The department shall issue a refund
withinsixtydaystoanyclaimantwithasuperiorprioritypursuanttosection633.425, ifnotice
of such claim is given to the department, or to the entity designated by the department to
receive notice, within one year of the department’s receipt of funds. This paragraph shall
apply to funds or property of the decedent transferred to the custody of the treasurer of state
as unclaimed property pursuant to chapter 556.
9. Upon receipt of an affidavit under subsection 3 and reasonable proof under subsection
5 of the identity of each successor seeking distribution by virtue of the affidavit, the holder
of the property shall disclose to the affiant whether the value of the property held by the
holder is, or has been at any time since the decedent’s death, fifty thousand dollars or less.
An affidavit furnished for the purpose of determining whether the value of the property is, or
hasbeenatanytimesincethedecedent’sdeath,fiftythousanddollarsorlessneednotcontain
the language required under subsection 3, paragraph “a”, subparagraph (3), but shall state
that the affiant reasonably believes that the gross value of the decedent’s personal property
that would otherwise be distributed by will or intestate succession is, or has been at any time
since the decedent’s death, fifty thousand dollars or less and there is no real property or for
deaths occurring before January 1, 2025, the real property passes to persons exempt from
inheritance tax as joint tenants with full rights of survivorship pursuant to chapter 450.
10. The procedure provided by this section may be used only if no administration of the
decedent’s estate is pending.