Probate in Iowa | IA Legal Resources | FastCounsel

What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in Iowa probate?

Detailed Answer When a probate estate opens in Iowa, the personal representative must notify creditors—including medical debt collectors—so they can submit claims against the estate. Iowa Code Chapter 633 sets specific notice requirements and deadlines. 1. Statutory Publication Notice Under Iowa Code §633.33 (Notice to Creditors), the personal representative must publish a notice in a […]

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How Can a Potential Heir Be Appointed Administrator in Iowa When the Decedent Left No Will?

Disclaimer: This article provides general information and is not legal advice. For advice specific to your situation, consult a qualified attorney. Detailed Answer When someone dies without a will in Iowa, the court must appoint an administrator to settle the estate. A potential heir—such as a surviving spouse, adult child, or other relative—can petition the […]

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What documentation is needed to freeze decedent’s bank accounts in Iowa when co-heirs refuse to cooperate?

How to Freeze or Secure a Decedent’s Bank Accounts in Iowa Detailed Answer When a loved one dies, their bank accounts become part of their estate. If co-heirs decline to help secure those assets, you need court authorization to freeze or control the funds. In Iowa, that process typically involves one of two paths: 1. […]

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How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in Iowa?

This FAQ explains how Iowa law handles the identification, inventory, and distribution of real and personal assets when someone dies without a will. Disclaimer: This is not legal advice. For guidance specific to your situation, contact a qualified attorney. Detailed Answer 1. Identifying Estate Assets Under Iowa Code Chapter 633, an estate administrator must identify […]

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What options exist to secure missing estate documents from uncooperative institutions in IA?

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 […]

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What type of deed should heirs sign to convey their interests in property in another jurisdiction under Iowa law?

Detailed Answer When a person dies owning property in another state, Iowa law treats the heirs as taking title immediately upon the decedent’s death. Under Iowa Code § 633.202, title to intestate property vests in the heirs without any action. To transfer that inherited interest, heirs must execute a valid deed in the jurisdiction where […]

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How can a client verify creditor notice requirements in an Iowa estate to rely on the two-year rule?

Detailed Answer Under Iowa law, personal representatives must provide formal notice to creditors in every probate estate. Verifying that these notice requirements were satisfied helps ensure creditors’ time to file claims has expired under the two-year rule. Here’s how to confirm compliance: 1. Understand Iowa’s Creditor Notice Requirements Publication in a newspaper: The personal representative […]

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Should a personal representative open an estate account to handle the money of the estate in Iowa?

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Detailed Answer Under Iowa law, a personal representative (PR) has a fiduciary duty to collect, manage, and distribute estate assets responsibly. Opening a separate estate bank account helps satisfy key statutory duties and avoids commingling personal and estate funds. 1. Fiduciary […]

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What Steps Are Needed to Bring Real Property into an Estate to Pay Claims in IA

Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When a decedent owned real property in Iowa and the estate needs to use that property’s value to pay valid claims, the personal representative must bring the real estate […]

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Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in Iowa?

Detailed Answer If you pay the funeral bill of a deceased individual, Iowa law recognizes you as a creditor for funeral expenses. Under Iowa Code section 633.72, funeral expenses have priority as an expense of administration. The personal representative (executor or administrator) must approve and pay these expenses from estate assets before most other debts. […]

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