Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
Iowa Wrongful Death Statute
Under the Iowa Wrongful Death Act (Iowa Code §613.1), a wrongful death action must proceed in the name of the decedent’s personal representative. If no personal representative exists, the court will appoint one solely to bring the lawsuit (Iowa Code §613.1).
Estate Opening Requirement
Because Iowa law requires a personal representative to file, you generally must open an estate. You can petition in the district court where the decedent lived to appoint an administrator. Iowa Code §635.1 governs this process (Iowa Code §635.1).
Limited vs. Full Probate
If the decedent’s assets qualify, you may use Iowa’s small estate procedures under Iowa Code §635.3 to simplify probate (Iowa Code §635.3). This lets you appoint a representative without a full inventory or creditor notice timeline. If significant assets exist, a full probate helps protect the estate and ensure valid distribution.
Timing and Statute of Limitations
Iowa imposes a two-year statute of limitations for wrongful death actions (Iowa Code §614.1(2)). Promptly opening the estate and appointing a representative helps you meet deadlines and preserves your right to seek compensation.
Helpful Hints
- File your probate petition quickly to secure a personal representative.
- Consider small estate proceedings for estates under $50,000 to save time and expense.
- Check county clerk fees and timelines, which vary by county.
- Keep track of all court documents and filings to avoid delays.
- Consult with an attorney before filing to protect your rights and comply with procedural rules.