Detailed Answer
Under Iowa law, an interested party—such as a will beneficiary, heir, or creditor—must petition the local district court to open probate of a decedent’s estate. Probate formally transfers the decedent’s assets to named beneficiaries or heirs and resolves creditor claims. The process follows Iowa Code Chapter 633 and, for small estates, may use summary procedures under Chapter 635.
1. File a Petition for Administration
File a “Petition for Administration” in the district court of the county where the decedent lived or owned real property. The petition must include the decedent’s name, date of death, residency, names and addresses of heirs and beneficiaries, and an estimate of estate value. See Iowa Code § 633.23.
2. Submit Required Documents
Attach these items to your petition:
• Original will (if one exists)
• Certified death certificate
• Confidential supplement with Social Security number (filed under seal)
3. Provide Notice to Heirs and Beneficiaries
After filing, the clerk issues notice to all named beneficiaries and heirs. They have a statutory period to contest the petition.
4. Appear at the Appointment Hearing
The court schedules a hearing to appoint a personal representative. At the hearing, you must take an oath, provide proof of bond (if required), and confirm qualifications. Iowa Code § 633.30 sets bond requirements: Iowa Code § 633.30.
5. Publish Notice to Creditors
Publish a “Notice to Creditors” in a local newspaper within 30 days of appointment. Creditors then have at least four months to file claims. For estates valued under $50,000, you may use a small‐estate affidavit per Iowa Code § 635.2.
6. Obtain Letters of Administration or Testamentary
Once appointed and bond is posted (if required), the court issues “Letters of Administration” (intestate) or “Letters Testamentary” (with a will). These letters authorize you to manage and distribute estate assets.
7. Administer and Close the Estate
Inventory and appraise estate assets. Pay valid debts and taxes. Distribute remaining assets to beneficiaries or heirs. File a final accounting and petition for discharge. After court approval, close the estate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Gather the decedent’s vital records and financial statements before filing.
- Check local court rules or seek a probate clerk’s guidance on filing fees.
- Consider a small‐estate affidavit if the estate qualifies for simplified administration.
- Keep detailed records of all notices, filings, and distributions.
- Consult an attorney if disputes arise or the estate includes complex assets.