Disclaimer: This content is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Iowa for guidance.
Detailed Answer
Discovering an old will decades after its execution triggers a specific probate process in Iowa. This section outlines the key steps to verify authenticity, meet statutory requirements, and admit the will to probate.
1. Authenticate the Will
To prove an absent or lost will, follow the lost-will procedure under Iowa Code §633.206. Gather all available evidence: copies, drafts, correspondence, or digital records. Reach out to anyone who may have attended the signing or seen the original document.
2. File a Petition in District Court
Submit a formal petition for probate in the Iowa District Court where the decedent resided. Include:
- A certified duplicate or plausible copy of the will
- An affidavit explaining the original will’s loss or absence
- Names and addresses of all heirs and interested parties
The court gains jurisdiction under Iowa Code §633.63 once an estate is opened.
3. Present Witness Testimony
Under §633.206, secure testimony from at least two credible, disinterested witnesses. They must attest that the decedent signed the will and possessed testamentary capacity. File their sworn statements or arrange live testimony at the probate hearing.
4. Address Delayed Discovery
Iowa does not impose a strict deadline to probate an estate that has not been administered, but courts expect you to show good cause for a decades-long delay. In your petition or a supporting motion, explain when and how the will was found and demonstrate that no party will suffer undue prejudice.
5. Obtain the Court’s Order and Administer the Estate
Once the court admits the will, it issues letters testamentary to the executor. The executor inventories assets, notifies creditors, pays debts, and distributes property according to the will. Finally, file a closing affidavit or final report to discharge the executor’s duties.
Helpful Hints
- Document the discovery process: note dates, locations, and witnesses.
- Create high-quality scans of drafts, copies, or related correspondence.
- Identify potential witnesses early and secure their contact information.
- Visit the local clerk’s office to obtain probate forms and fee schedules.
- Consider informal settlement or mediation if beneficiaries dispute the will’s validity.