Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies in Iowa, the probate process begins when someone files a petition for administration with the clerk of the district court in the county where the decedent lived. To determine if a probate estate has been opened, follow these steps:
1. Search the Iowa Courts Online Public Access System
Use the public case search portal at Iowa Courts Public Access. Enter the decedent’s full name and approximate date of death. If a probate case exists, you will see the case number, filing date, case type (e.g., probate administration) and current status.
2. Contact the Clerk of the District Court
Visit or call the clerk’s office in the county where the decedent resided. Provide the decedent’s full name and date of death. The clerk can confirm whether a probate file exists and may provide copies of the case docket or court orders for a nominal fee.
3. Review Published Notices of Probate
Iowa law requires notice to creditors and publication of probate information in a local newspaper under Iowa Code § 633.94 (Iowa Code § 633.94). Checking newspapers in the decedent’s county of residence may reveal a probate notice with the case number and filing date.
4. Understand the Statutory Framework
Probate proceedings in Iowa are governed by Iowa Code Chapter 633, which sets out rules for administration of wills and estates. Proceedings officially begin when the court accepts a will or a petition for administration under Iowa Code § 633.1 (Iowa Code § 633.1). Court records are public under Iowa Code § 22.2 (Iowa Code § 22.2). You can review Chapter 633 in full at Iowa Code Chapter 633.
Helpful Hints
- Gather the decedent’s full legal name, date of death and last known county of residence before searching.
- Try different name spellings or include middle names/initials when using the online search tool.
- Be prepared to pay small fees for certified copies of docket sheets and court documents at the clerk’s office.
- Contact local newspapers for proof of published probate notices if online searches do not yield results.
- If you need help interpreting probate filings or deciding next steps, consider consulting a qualified probate attorney.