Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance.
Detailed Answer
During probate administration in Iowa, you must provide the court with the decedent’s original will or, if the original is unavailable, a properly filed copy. The process follows Iowa Code Chapter 633.
1. Locating the Original Will
Begin by checking the decedent’s personal papers, safe deposit boxes, or home filing systems. If a lawyer or will-preparation service drafted the will, contact that office. If the will is on file with the clerk of the district court under Iowa Code 733.153 (Filing Original Will), you may request retrieval.
2. Filing the Original Will
A person entitled to serve as personal representative must file the original will with the clerk of the district court in the decedent’s county of residence within 30 days after receiving letters testamentary or of administration. See Iowa Code 733.153: https://www.legis.iowa.gov/docs/code/633.153.html.
To file, deliver:
- The signed original will.
- A copy of the application for probate (Petition for Probate of Will and Issuance of Letters Testamentary).
- Filing fee (set by local court rules).
3. Submitting a Filed Copy When the Original Is Lost
If the original will is lost, destroyed, or held by another court, you can submit a certified copy. Under Iowa Code 733.157 (Proof of Lost or Destroyed Will), file:
- A certified copy of the will.
- A proof of its due execution, typically through the attesting witnesses’ testimony or affidavits.
- A statement explaining the loss or destruction circumstances.
4. Obtaining Copies from the Court File
Once the will is on file, anyone with an interest in the estate may request a certified copy. Contact the clerk of the district court and submit:
- A written request specifying the case number or decedent’s name.
- Payment of copying and certification fees (varies by county).
5. Serving the Probate Documents
After filing the will, you must serve notice on all heirs and beneficiaries under Iowa Code 733.223 (Notice to Heirs and Devisees). Provide each with a copy of the will or notice of its filing, along with the time and place of the probate hearing.
Helpful Hints
- Check safe deposit boxes early; banks may require a court order to open them.
- Keep certified copies of the will in case the original is damaged.
- Confirm local court fees online at the Iowa Judicial Branch website.
- Prepare witness affidavits in advance if the original will cannot be found.
- Use registered mail or personal delivery to prove timely filing.
- If you hit a snag, ask the clerk about court-appointed informal probate intake services.