Detailed Answer
In Iowa, interested parties can petition the district court to remove a personal representative (PR) who mishandles estate assets. The process is governed by Iowa Code § 633.636 and Iowa Code § 633.638, which outline grounds and procedures for removal. A PR owes a fiduciary duty to manage the estate in good faith, provide full accountings, and distribute assets per the will or by Iowa law.
Grounds for removal include failure to account for estate assets, self-dealing, incompetence, neglect, or misconduct. To initiate removal, file a verified petition in the probate division of the district court in the county where the estate is administered. The petition should detail specific allegations of mishandling, cite relevant statutory provisions, and identify the relief sought – removal, surcharge, or appointment of a successor representative.
Step 1: Prepare and File the Petition
Draft a clear, factual petition describing the mismanagement. Attach supporting documents such as account statements, correspondence, or appraisals. File the petition with the clerk of court in the appropriate county. Pay the filing fee or request a fee waiver if you cannot afford it.
Step 2: Provide Notice
Serve the PR and all interested parties – heirs, devisees, and creditors – with a copy of the petition and a notice of hearing at least 14 days before the court date, as required by Iowa Rule of Civil Procedure 1.302 or local court rules.
Step 3: Attend the Hearing
At the hearing, present evidence of asset mismanagement. The PR may defend or justify their actions through testimony or accountings. The court may question witnesses, review records, or admit expert testimony if necessary.
Step 4: Court’s Decision
If the court finds just cause, it may remove the PR and appoint a successor under Iowa Code § 633.638. The court can also order the PR to reimburse losses (“surcharge”) or to post bond to secure estate assets. You may appeal under Iowa Rules of Appellate Procedure 6.901 if needed.
Helpful Hints
- Gather and organize all relevant financial records.
- Review local court rules for service and filing requirements.
- Meet statutory deadlines by filing motions early.
- Consider informal resolution or mediation before a formal hearing.
- Document all communications with the PR thoroughly.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.