Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When key estate documents go missing and institutions won’t cooperate, Iowa law offers several paths to secure them. A personal representative (executor or administrator) appointed by the court holds statutory authority to collect estate assets and records. If a bank, title company, insurer, or custodian refuses to hand over documents—such as account statements, deed copies, life-insurance policies, or stock certificates—you can take these steps:
1. Obtain Letters Testamentary or Administration
First, file a petition in the appropriate Iowa district court. Once the court issues letters testamentary (for wills) or letters of administration (if there’s no will), you gain formal authority to act on behalf of the decedent’s estate. See Iowa Code §633.37: https://www.legis.iowa.gov/docs/code/633.37.pdf.
2. Serve a Subpoena Duces Tecum
Under Iowa Rule of Civil Procedure 1.503, a subpoena duces tecum can compel non-party institutions to produce specified records. Prepare a subpoena listing the documents, obtain a court clerk’s signature, and serve it on the institution. If it fails to comply, you may file a motion to enforce the subpoena and request sanctions.
3. File a Petition to Compel Production
If an institution contests the request, file a petition in the probate case or ancillary proceeding asking the court to order production. Cite your status as personal representative under Iowa Code Chapter 633. The court can enter an order directing the custodian to turn over all records relevant to estate administration.
4. Seek Contempt or Sanctions
When a court order is ignored, request a show-cause hearing. If the institution remains non-compliant, the judge can hold it in contempt, impose fines, or award attorney fees to the estate.
5. Use Regulatory Complaints and Insurance Guaranty
For uncooperative banks, file a complaint with the Iowa Division of Banking. For insurers, contact the Iowa Insurance Division. Regulators can investigate and compel production under Iowa Code §507B.7: https://www.legis.iowa.gov/docs/code/507B.7.pdf.
6. Consider Ancillary or Informal Proceedings
If the decedent held assets in another state, open ancillary administration there. If formal probate is impractical, you may use Iowa’s small-estate affidavit process (Iowa Code §633.295) for estates valued under $100,000 to collect assets without full probate.
Helpful Hints
- Keep detailed records of all correspondence and service attempts.
- Send a certified demand letter before seeking court relief.
- Work with a local probate clerk to ensure proper filings and fees.
- Be precise in subpoenas: list exact documents and date ranges.
- Act promptly; Iowa Code sets deadlines for inventory and accounting (§633.37).
- Check for unclaimed property: the Iowa Treasurer’s Unclaimed Property Division may hold forgotten assets.