What information and documents should be gathered before the decedent’s passing to streamline probate in IA | Iowa Probate | FastCounsel
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What information and documents should be gathered before the decedent’s passing to streamline probate in IA

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Gathering documents and information before a loved one’s passing can significantly streamline the Iowa probate process. Probate in Iowa starts when the personal representative (formerly executor) files a petition in county probate court. Having key materials on hand helps avoid delays, reduces fees, and ensures that assets transfer smoothly to beneficiaries.

1. Estate Planning Documents

  • Last Will and Testament: The official will dictates asset distribution. Iowa Code §633.219 requires the personal representative to file the will with the clerk of court. Iowa Code §633.219
  • Living Trusts: If assets are held in trust, indicate their location and the trustee’s contact information.
  • Powers of Attorney: Durable financial and healthcare powers ensure someone can manage affairs if incapacity arises.

2. Asset Records

  • Real Property Deeds: Copies of deeds and mortgage statements. Verify legal descriptions.
  • Bank and Brokerage Statements: Recent statements for checking, savings, CDs, stocks, bonds, and mutual funds.
  • Retirement Accounts and Pensions: 401(k), IRA, pension plans, and beneficiary designations.
  • Life Insurance Policies: Policy numbers, face amounts, and beneficiary names.

3. Liability and Debt Information

  • Credit Card and Loan Statements: Balances and creditor information.
  • Mortgage and Property Tax Records: Remaining balances and payment schedules.

4. Personal and Digital Information

  • Birth and Marriage Certificates: Certified copies for the decedent and any surviving spouse or children.
  • Social Security Number: Required for tax filings and closing accounts.
  • Digital Accounts: Login details for email, social media, online banking, and cloud storage.

5. Personal Property Inventory

  • List of vehicles (with titles), jewelry, art, collectibles, and household items.
  • Approximate values and locations of high-value items.

6. Small Estate Procedures

If the probate estate totals $50,000 or less (excluding certain assets), Iowa Code §633.647 allows creditors and beneficiaries to use a small estate affidavit instead of full administration. This can avoid formal probate court proceedings. Iowa Code §633.647

Organize all documents in a labeled binder or secure digital folder. Provide copies to the named personal representative and an alternate. Review and update this package annually or after major life events.

Helpful Hints

  • Store original documents in a fireproof, waterproof safe or safe deposit box.
  • Maintain a contact list of advisors: attorney, accountant, financial planner, and insurance agent.
  • Keep digital backups with strong encryption and share access instructions with a trusted person.
  • Review beneficiary designations after life events (marriage, divorce, birth of a child).
  • Notify family members and the personal representative where key documents are located.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.