Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
After a person dies in Iowa, the personal representative must notify creditors and handle claims under Iowa probate law. Below are the key steps.
- Confirm Appointment of Personal Representative. The court issues letters testamentary or of administration. The personal representative gains authority to act on behalf of the estate.
- Identify Known Creditors. Review the decedent’s records, mail, and financial accounts to list individuals and businesses with valid claims.
- Mail Notice to Known Creditors. Within 30 days of appointment, mail a written notice to each known creditor. Iowa Code § 633.339 requires this step to give creditors formal notice of the probate proceeding. Learn more at https://www.legis.iowa.gov/docs/code/633.339.html
- Publish Notice to Creditors. Iowa Code § 633.342 mandates publication of a notice in a local newspaper once a week for three consecutive weeks. The notice must include the decedent’s name, the personal representative’s name and address, and the deadline for claims. See details at https://www.legis.iowa.gov/docs/code/633.342.html
- Observe Claim Deadlines. By Iowa Code § 633.351, creditors must file claims within four months after the date of the first publication of the notice to creditors or within two months after mailing the notice to known creditors, whichever is later. Missed deadlines bar claims.
- Review and Resolve Claims. Evaluate each claim. You may approve valid claims and pay them. To dispute a claim, file an objection with the probate court and follow court procedures.
- Pay Approved Claims. Pay allowed claims in the priority order set by Iowa Code § 633.39. Funeral expenses and administration costs generally take precedence, followed by secured and unsecured creditors. Learn more at https://www.legis.iowa.gov/docs/code/633.39.html
- Maintain Records and Report to Court. Keep detailed records of notices, claims, payments, and rejections. File a final accounting with the court before distributing remaining assets to heirs or beneficiaries.
Helpful Hints
- Keep a master checklist of all steps and deadlines.
- Use certified mail with return receipt to prove mailing of notices.
- Select a newspaper with wide circulation in the county of probate.
- Track claim deadlines on a shared calendar to ensure compliance.
- Consult an attorney if you face complex or high-value claims.