Detailed Answer
Applying for letters of administration in Iowa begins when an interested person files an application with the district court in the county where the decedent resided (Iowa Code § 633.322). This application asks the court to appoint you as the estate administrator.
Step 1: Determine Eligibility
Iowa Code § 633.212 establishes who may serve as administrator. Priority typically goes to the surviving spouse or an adult child. If none qualify or accept, the court appoints another willing heir (Iowa Code § 633.212).
Step 2: Complete Required AOC Forms
- AOC 413: Application for Probate of Will and for Letters Testamentary or Administration. Check “Administration” when there is no will.
- AOC 414: Notice of Hearing on Application—for service on heirs and interested parties.
- AOC 415: Acceptance of Appointment by Administrator—file after you receive letters.
- AOC 417: Inventory of Estate Assets—due within 90 days of appointment (Iowa Code § 633.346).
- AOC 418: Oath and Bond—required unless bond is waived (Iowa Code § 633.445).
Step 3: File Your Application
Submit the signed AOC 413, original death certificate, two copies of the application, and a proposed court order to the clerk of the district court. Pay the filing fee in advance.
Step 4: Serve Notice and Attend Hearing
After filing, the court schedules a hearing. Serve AOC 414 on all heirs at least 14 days before the hearing (Iowa Code § 633.238). Attend the hearing and answer any questions.
Step 5: Receipt of Letters
If the court approves your application and bond, it signs the order and issues letters of administration. These letters authorize you to manage and distribute estate assets.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Helpful Hints
- Check local court websites for filing fees and electronic filing options.
- Order several certified copies of the death certificate at the local vital records office.
- Prepare an accurate list of all estate assets before filing your inventory.
- Confirm bond requirements—spouses or close relatives may qualify for a waiver.
- Mark deadlines on your calendar to avoid court sanctions.