Detailed Answer
This is general information about administering an estate in Iowa. This is not legal advice. If you need legal advice, consult a licensed Iowa attorney about your specific situation.
Do you need to open an estate for your sibling’s house?
If your sibling died without a will (intestate) and the house was titled solely in their name, you will most likely need to open an estate (formal administration) in the Iowa district court for the county where your sibling lived. Whether you must open an estate depends on how the house is owned:
- If the deed names a joint owner with right of survivorship, the survivor becomes owner automatically and you likely do not need probate.
- If the house has a payable-on-death or transfer-on-death title, those beneficiary designations control and may avoid probate.
- If the house is solely in the decedent’s name or held in a way that requires transfer by court action, probate (administration) is usually required.
Who inherits the house under Iowa intestacy law?
Iowa’s intestacy rules (the law that decides who gets property when there is no will) determine who is entitled to the house. If the decedent left no spouse or descendants, siblings may inherit. The applicable statutes are in Iowa’s probate code (see Iowa Code chapter 633). For the exact distribution rules, review Iowa Code chapter 633 or consult an attorney or the court clerk: Iowa Code, Chapter 633 (Probate).
Main steps to open and administer the estate (practical checklist)
- Get a certified death certificate. You will need multiple certified copies for banks, title companies, and the court. Obtain these from the funeral home or the county registrar.
- Secure the property. Change locks or otherwise secure the home to prevent vandalism or liability. Continue any required maintenance and home insurance coverage.
- Identify ownership and title issues. Check the deed at the county recorder’s office to see how title is held. Also check for mortgages, liens, or judgments against the property.
- Locate assets and creditor information. Make a list of bank accounts, insurance policies, retirement accounts, and other assets. Determine whether any assets pass outside probate (joint accounts, beneficiary designations).
- Decide whether to use small-estate procedures. Iowa has simplified procedures for small estates in some cases. If the estate’s assets (not including homestead exemptions) fall below the small-estate threshold, you may use simplified filings or an affidavit to transfer personal property. Real estate often still requires probate or a court order.
- File an Application/Petition for Appointment of Administrator with the district court. Because there is no will, someone (often a close relative) files to be appointed administrator. The clerk’s office will provide local forms and filing fee information. The court will review the application, notify heirs, and may require a bond for the administrator.
- Receive Letters of Administration. If the court approves, it issues Letters of Administration (or similar documents) that authorize the administrator to act for the estate—collect assets, pay bills, manage the property, and sell property if necessary.
- Provide notice to creditors and publish if required. Iowa law requires notice to creditors so they can present claims against the estate. The administrator must follow the court’s directions for notice and publication.
- Inventory assets and pay valid debts and taxes. Prepare an inventory and pay funeral costs, taxes, and valid claims in the order required by law. Keep thorough records.
- Transfer or sell the house if needed. If heirs agree and title issues are clear, the court may enter an order distributing the real estate to heirs or allow the administrator to sell the property to pay debts. Transfers of real estate typically require a court order or a deed executed by the personal representative and recorded with the county recorder.
- Close the estate. After debts are paid and property distributed, file a final accounting and petition to close the estate. The court will discharge the administrator once the estate is settled.
Where to file and what court rules apply
Probate cases are filed in the Iowa district court in the county where the decedent lived. The Iowa Judicial Branch provides probate information and forms to help self-represented persons: Iowa Judicial Branch — Probate Information. The specific statutory provisions for probate, administration, and intestacy are in Iowa Code chapter 633: Iowa Code, Chapter 633.
Typical timeline and costs
Opening an estate can take a few months to more than a year depending on complexity (debts, disputes, property sales). Costs commonly include filing fees, publication fees, bond premiums (if required), attorney fees (if you hire counsel), and closing costs for any sale of real estate.
When to hire an attorney
Consider hiring an Iowa probate attorney if:
- There are disputes among heirs or potential heirs.
- The estate has significant debts, mortgages, or complex assets.
- Title to the house is unclear or there are liens, tax issues, or out-of-state assets.
- You prefer help preparing paperwork, court filings, or a sale of real property.
An attorney can explain duties of the administrator, bond requirements, and help ensure distributions comply with Iowa law.
Helpful Hints
- Obtain several certified death certificates early — banks and the court often require originals.
- Call the county recorder to get a copy of the deed and any recorded liens against the house.
- Check for mortgage or tax escrow payments and contact the mortgage company to report the death (do not ignore mortgage payments).
- Look for beneficiary-designated accounts (life insurance, IRAs) that may pass outside probate.
- Keep a clear paper trail. Save receipts for expenses paid on behalf of the estate — the administrator may be reimbursed from estate funds.
- If multiple siblings are heirs, try to get a written family agreement about selling or keeping the house. A court-supervised sale is available if heirs cannot agree.
- Ask the court clerk for local probate forms and fee schedules before filing; procedures and fees vary by county.
- If the estate is small, ask the clerk or an attorney whether simplified or small-estate procedures apply.
Key Iowa resources:
- Iowa Code, Chapter 633 (Probate & Intestate Succession): https://www.legis.iowa.gov/docs/ico/chapter/633.pdf
- Iowa Judicial Branch — Probate information and forms: https://www.iowacourts.gov/for-the-public/representing-yourself/probate/
If you want, I can outline the specific documents generally required to file as administrator in Iowa or give a sample checklist of items to gather before you go to the courthouse.