Overview
When an adult dies without a will (intestate) in Iowa, the court appoints a personal representative—often called an administrator—to collect assets, pay valid debts, and distribute the estate according to Iowa law. This FAQ-style guide explains, step by step, how to apply to serve as administrator in Iowa, what the court will expect, and practical tips to prepare.
Detailed Answer
1. Who can seek appointment?
Iowa law gives priority to certain persons when appointing an administrator. Typical priority order includes a surviving spouse, then children, and then other next-of-kin. If multiple people with equal priority apply, the court resolves the conflict—often by appointing the person best suited to administer the estate. For the governing statutes on decedents’ estates, see Iowa Code chapter 633: Iowa Code, Chapter 633 (Decedents’ Estates).
2. Where to file
File a petition for appointment of a personal representative (administrator) in the Iowa District Court in the county where the decedent was domiciled (lived) at death. The Iowa Judicial Branch has public information and probate resources to help you locate forms and local contacts: Iowa Courts — Representing Yourself (Estates & Probate).
3. Typical documents you will need
- Certified copy of the death certificate.
- Petition for appointment of administrator (local court form).
- A proposed order and an oath or acceptance of appointment.
- Information about known heirs and potential creditors (names, addresses).
- Identification for the proposed administrator.
4. Court process and notice
After you file, the court will review the petition and typically set a hearing. Iowa procedures require notice to heirs and other interested parties and may require publication to notify unknown creditors. The court will decide whether to issue Letters of Administration (the official document authorizing you to act). The court may require a bond to protect the estate if the administrator is not an otherwise qualified person or the decedent’s circumstances require it.
5. Bond (surety)
The court may require you to post a bond unless the estate qualifies for an exemption or the court waives the bond. The bond amount is usually related to the value of estate assets and protects beneficiaries and creditors against mismanagement.
6. Duties of an administrator
Once appointed and issued Letters of Administration, your primary duties include:
- Inventorying and safeguarding estate assets.
- Notifying and paying valid creditors.
- Filing required inventories and accountings with the court.
- Distributing remaining assets to heirs according to Iowa intestacy rules.
Failure to perform duties properly can expose an administrator to personal liability.
7. Intestate distribution
If there is no will, Iowa’s intestacy rules control who receives the property and in what proportions. The specific distribution depends on surviving spouse, children, or other relatives. See Iowa Code chapter 633 for the statutory rules and order of distribution: Iowa Code, Chapter 633.
8. Timeline and costs
Timelines vary. Simple estates can be open and closed in a few months; more complex estates (with real estate, contested claims, or many creditors) may take a year or more. Costs include court filing fees, bond premium (if applicable), and possible attorney fees. The estate normally pays these costs out of estate assets.
9. When to hire an attorney
If the estate is large, contains real estate, has significant debts, a contested heirship, or family conflict, consult a lawyer experienced in Iowa probate law. An attorney can prepare pleadings, represent you at hearings, advise on creditor notice and tax issues, and help avoid personal liability.
10. Example (hypothetical)
Hypothetical: Jane, age 62, lived in Polk County and died without a will. Her adult son, Mark, wants to serve as administrator. Mark locates his mother’s death certificate, lists her bank accounts and a car, and lists Jane’s two adult children as heirs. He files a Petition for Appointment of Administrator in Polk County District Court, provides notice to the heirs, and asks the court to issue Letters of Administration. The court grants the appointment after a short hearing, requires a small bond, and issues the letters. Mark inventories the assets, pays a final utility bill and funeral expenses from estate funds, then distributes the remaining bank balance to the heirs per Iowa intestacy rules. He files a final accounting and closes the estate.
Helpful statutory resources: Iowa Code, Chapter 633 (Decedents’ Estates) — https://www.legis.iowa.gov/docs/code/633.pdf. For court forms and local filing information, see the Iowa Judicial Branch: https://www.iowacourts.gov/for-the-public/representing-yourself/.
Helpful Hints
- Start by contacting the clerk of the Iowa District Court in the county where your mother lived. Clerks can provide local forms, filing fees, and hearing procedures.
- Gather a certified death certificate early—courts and many institutions require an official copy.
- Create a short inventory listing bank accounts, real property, vehicles, life insurance beneficiaries, and debts—this helps the court and speeds administration.
- Notify likely heirs and potential creditors promptly. Missing creditor notices can cause delays or additional liability.
- If the estate is small, ask the clerk whether a simplified or small-estate procedure applies in Iowa; some estates qualify for streamlined handling.
- Keep clear records and separate estate funds from your personal funds once you receive authority to act.
- Consider at least a consultation with an Iowa probate attorney if you expect disputes, large assets, or tax complexity.
Disclaimer: This article explains general Iowa procedures and is for educational purposes only. It is not legal advice. For advice specific to your situation, contact a licensed attorney in Iowa.