Detailed Answer
Disclaimer: This article is for informational purposes only and is not legal advice.
When someone dies without a valid will in Iowa, the estate passes by intestate succession under Iowa Code chapter 633 (Iowa Code chapter 633). To determine who qualifies as an heir of your father’s estate, follow these steps:
- Confirm intestacy. Verify that your father did not leave a valid will or trust. If you find a document claiming to be a will, review it with the probate clerk or an attorney.
- Identify a surviving spouse. Under Iowa Code §633.221 (§633.221), a spouse may inherit the entire estate or a guaranteed share:
- If all children are also children of the surviving spouse, the spouse receives the entire estate.
- If any child is not the spouse’s child, the spouse receives the first $200,000 plus one-half of the balance; the remainder goes to the children.
- List children and descendants. Iowa Code §633.233 (§633.233) provides for distribution to children and grandchildren. If a child predeceased your father but left descendants, that branch may inherit per stirpes.
- Locate parents and siblings. If there is no surviving spouse or descendants, the estate passes to surviving parents (equally if both alive). If no parents, siblings or their descendants inherit equally.
- Consider more remote relatives. If none of the above survive, Iowa law looks next to grandparents, aunts, uncles, and their descendants.
- Gather proof. Obtain certified birth, death, marriage, and adoption records. Track family relationships through vital records and affidavits.
- Open probate. File an application for appointment of administrator with the county probate court where your father lived. The court issues letters of administration and oversees asset distribution.
Understanding Iowa’s intestate rules ensures you identify every potential heir and distribute assets correctly. Consider consulting a probate attorney if the family structure is complex or if disputes arise.
Helpful Hints
- Start with a complete family tree, noting dates and relationships.
- Check online vital records and social security death index for missing relatives.
- Use certified documents to prove each heir’s relationship.
- Contact a probate clerk early for filing requirements and court fees.
- Look for adoption or paternity records that may create additional heirs.
- Keep detailed notes and copies of all court and correspondence documents.
- Consider mediation if multiple heirs dispute their shares.