How to Open an Estate Proceeding in Iowa When No Probate Case Exists
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Iowa without an existing probate case, interested parties must initiate estate proceedings to transfer assets and resolve debts. Iowa law provides two main paths:
1. Use a Small Estate Affidavit
If the decedent’s personal property totals $50,000 or less, heirs or beneficiaries can avoid formal probate under Iowa Code §633.224 by filing a small estate affidavit. Key steps:
- Obtain a certified death certificate.
- Confirm total personal property is under $50,000.
- Complete and notarize the Small Estate Affidavit (Form 618).
- Wait at least 30 days after the date of death.
- Serve the affidavit and a notice on known creditors.
- File the affidavit with the clerk of district court in the decedent’s county of residence.
- Receive title transfers or asset distributions directly to heirs or beneficiaries.
For details, see Iowa Code Chapter 633 (Section 633.224).
2. Open Formal Probate Administration
If assets exceed $50,000 or include real estate, formal probate under Iowa Code Chapter 633 is required. Follow these steps:
- File the Application: Petition the district court in the decedent’s county of residence. Attach a certified death certificate. (Iowa Code §633.162)
- Appointment of Personal Representative: Request letters testamentary (with a will) or letters of administration (intestate). Execute an oath and, if required, post a bond. (Iowa Code §633.167)
- Notice to Heirs and Creditors: Publish notice in a local newspaper and mail notice to known creditors within three months of appointment. (Iowa Code §633.29)
- Inventory and Appraisal: File an inventory list of all estate assets within 90 days of appointment. (Iowa Code §633.230)
- Debt Payment and Asset Distribution: Pay valid debts in priority order. Distribute remaining assets according to the will or Iowa’s intestacy statutes. (Iowa Code §§633.312–633.321)
- Final Report and Closing: Submit a final accounting to the court, obtain approval, and secure a discharge of the personal representative. (Iowa Code §633.640)
Helpful Hints
- Gather financial records early: bank statements, deeds, and account statements.
- Identify all potential heirs or next of kin.
- Review sample probate forms on your county court’s website.
- Consider consulting a probate attorney for complex estates.
- Keep thorough records of all filings and transactions.