Detailed Answer
In Iowa, only a court-appointed personal representative can open and manage a deceased person’s estate. The probate court follows a strict priority list. See Iowa Code §633.164 (Appointment Priority).
Priority order under Iowa law:
- Surviving spouse
- Children of the decedent
- Parents of the decedent
- Other heirs if no one qualifies within four months
- Public administrator
A mother-in-law does not qualify as a “parent” of the decedent. Therefore, if a surviving spouse, children, or parents exist, they have the first right to serve as personal representative.
For example, imagine your son died intestate (without a will) and left no spouse, no children, and no surviving parents. You are his mother-in-law seeking appointment. If no one with higher priority files a petition within four months after notice to heirs, Iowa Code §633.181 (Default Appointment) allows other adults with an interest in the estate—including in-laws—to apply.
To serve as personal representative, you must be at least 18 years old and mentally competent. You must file a petition in the county where the decedent resided. The court may require you to post a bond unless the will waives bond or all heirs consent. See Iowa Code §633.177 (Qualifications).
After the court approves your petition, it issues letters of appointment. You then inventory estate assets, notify creditors, pay valid debts, and distribute property according to Iowa law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Check for an existing will to identify any named personal representative.
- Verify whether a surviving spouse, children, or parents exist before filing.
- File your petition in the correct county probate court.
- Understand bond requirements and seek waivers if possible.
- Keep detailed records of all estate transactions and communications.
- Consider consulting a licensed Iowa probate attorney for complex estates.