Understanding Administrator Appointment Priority in Iowa
Disclaimer: This article provides general information and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.
Detailed Answer
Under Iowa law, Iowa Code chapter 633 governs probate administration. When someone dies without a will, the court appoints an administrator. Iowa Code section 633.17 sets the order of preference. The order is: surviving spouse; adult children; surviving parent; adult siblings; grandchildren; other heirs. (See https://www.legis.iowa.gov/law/statutory?chapter=633§ion=17)
If a higher-priority heir exists, a person may still obtain appointment by showing that:
- The higher-priority heir has renounced the right to serve. They file a written renunciation in the probate court. Iowa Code section 633.27 allows renunciation before or after a decedent’s death.
- The heir is disqualified. Disqualification arises if the heir is under age 18, mentally incompetent, convicted of a felony, or resides outside the United States. (See Iowa Code section 633.33 at https://www.legis.iowa.gov/law/statutory?chapter=633§ion=33)
- The heir is unwilling or fails to qualify. If they do not file a bond or take an oath within the time set by the court, the court may pass to the next person in priority.
- The court finds the heir unfit. Courts may refuse an appointment if the person has a conflict of interest, a history of mismanagement, or other valid concerns.
To obtain appointment, the client should file a petition for administration in the county where the decedent resided. The petition must include the decedent’s information and a list of heirs. The petitioner serves notice on all heirs. At the hearing, the petitioner presents evidence of the higher-priority heir’s renunciation, disqualification, or failure to qualify. If the court is satisfied, it will appoint the petitioner as administrator. Iowa Code sections 633.41 and 633.42 detail petition and notice requirements. (See https://www.legis.iowa.gov/law/statutory?chapter=633§ion=41 and https://www.legis.iowa.gov/law/statutory?chapter=633§ion=42)
Example Hypothetical: Jane’s mother died without a will. Jane’s father survives, but he lives abroad and refuses to serve. Jane files a renunciation from her father and shows he failed to qualify. The court appoints Jane as administrator.
Helpful Hints
- Review Iowa Code chapters 633 and 634 for detailed rules.
- Obtain a renunciation form from the clerk’s office if a higher-priority heir waives their right.
- File any required bond promptly to avoid delays.
- Keep all heirs informed to prevent objections.
- Consult an attorney early, especially if heirs dispute qualification or fitness.