Disclaimer

This is educational information only and not legal advice. Nothing here creates an attorney-client relationship. For advice about a particular estate, consult a licensed Iowa attorney.

Detailed answer — how recovery normally works under Iowa law

Under Iowa probate law, a personal representative (called an executor or administrator) has a fiduciary duty to gather estate assets, pay valid creditors and taxes, and then distribute remaining assets to beneficiaries according to the will. Those duties are governed by the Iowa probate statutes (generally Chapter 633). See Iowa Code chapter 633 for the governing framework: Iowa Code Chapter 633 — Administration of Estates.

If you are named in the will to receive a cash bequest (a pecuniary legacy) and the executor refuses to pay, follow these steps. The path below assumes the estate is in probate. If the estate was never opened, see Step 1.

Step 1 — Confirm the estate status and your entitlement

• Confirm the will is admitted to probate and that the person appointed as executor is the court-appointed representative. You can check with the clerk of the district court in the county where the decedent lived or use the Iowa Courts public resources: Iowa Courts — Estate Administration.
• Obtain a copy of the will, any codicils, and the executor’s filings (inventory, accountings, petitions). These filings show whether the executor acknowledged your bequest and whether the estate had enough assets to pay it.

Step 2 — Make a written demand for payment and request an accounting

• Send a written demand to the executor asking for payment of your bequest and a full accounting of receipts, disbursements, and remaining assets. Deliver it by certified mail so you have proof.
• Under Iowa law the personal representative must keep beneficiaries reasonably informed and provide accountings to the court. If the executor has never filed a required account, you can request the court-ordered account. See Iowa Code chapter 633 for the accounting framework: Iowa Code Chapter 633.

Step 3 — File objections or a petition with the probate court

• If the executor ignores your demand or the accounting shows wrongdoing or unreasonable delay, file a written objection or a petition in the probate case. Common petitions include:
• Petition to compel an accounting (ask the court to order the executor to file a full, sworn accounting).
• Objection to the executor’s proposed distribution or final account.
• Petition for an order directing distribution of the specific cash bequest if the estate has sufficient assets after proper creditor claims and expenses are paid.

Step 4 — Seek removal or surcharge if the executor breaches duties

• If the executor has committed misconduct (refuses to perform duties, wastes estate assets, self-dealing, or fails to provide accountings), you can ask the court to remove the executor and appoint a successor or a special administrator.
• The court may also order surcharges — monetary liability against the executor for losses caused by breach of fiduciary duty — and may award costs or attorney fees when appropriate.
• These remedies require a motion and supporting evidence to the court. Iowa probate rules and the statutes in Chapter 633 provide authority for removal and surcharge; consult the chapter for specifics: Iowa Code Chapter 633.

Step 5 — Consider settlement, mediation, or litigation

• Many disputes resolve through negotiation or mediation once the executor receives a formal demand or a court petition. Mediation can be faster and less expensive than full litigation.
• If mediation fails, the court will set hearings to resolve accounting disputes, removal petitions, or contested distributions.

Step 6 — If the estate wasn’t probated, you may need to open an estate

• If no probate case exists and assets remain in the decedent’s name, you (or another interested person) can ask the court to open probate, admit the will, and appoint a personal representative so distributions can be made. The clerk of court’s probate division can guide you on filings and local requirements.

What outcomes can you expect?

• The court can order the executor to pay the cash bequest if (1) the estate has sufficient assets after paying debts and costs, and (2) the executor’s conduct does not justify delay. If the executor improperly withheld funds, the court can order payment and possibly surcharge the executor for losses and legal costs.
• In some cases the estate may be insolvent or debts may have priority, which can eliminate or reduce a pecuniary legacy. An accounting will show whether the estate can satisfy your bequest.

Timing and practical considerations

• Probate schedules and creditor claim periods vary. Don’t wait indefinitely. Submit a written demand promptly and follow up in court if you get no response.
• Litigation costs can exceed the bequest. For small bequests, weigh the cost of legal action versus expected recovery.

Helpful Hints

• Get copies: Request the will, inventory, accountings, petitions, and any correspondence. The probate file is public in most counties.
• Document everything: Keep written records of requests, dates, and responses; use certified mail for important communications.
• Ask for a court-ordered accounting first: Often a formal accounting forces disclosure and speeds resolution.
• Consider mediation: It can reduce attorney fees and preserve family relationships.
• Keep timing in mind: Creditors and probate deadlines affect whether a bequest will be paid.
• Check estate solvency before suing: If the estate cannot pay debts, a cash bequest may be reduced or eliminated.
• If you decide to sue, focus your claims: common legal actions include compelling an accounting, petitioning for distribution, removal of the executor, and surcharge for breaches of fiduciary duty.
• Contact the clerk of the district court’s probate division for procedural questions and to obtain local forms or filing requirements.
• Consult a probate attorney in Iowa for complex issues or large bequests. An attorney can evaluate whether filing a petition is cost-effective and draft the required pleadings.