Detailed Answer

This FAQ explains the practical, step-by-step actions you should take to handle your mother’s estate under Iowa law. It assumes you are starting with little or no legal knowledge. This is general information only and is not legal advice; consult an Iowa attorney for help with your specific situation.

Step 1 — Obtain certified death certificate(s)

Request several certified copies of the death certificate from the Iowa Department of Public Health or the vital records office in the state where the death occurred. Financial institutions, title companies, and government agencies typically require a certified copy to release assets. (See Iowa Department of Public Health: idph.iowa.gov/health-statistics/vital-records.)

Step 2 — Locate the will and important documents

Search for an original will, trust documents, deeds, insurance policies, retirement account paperwork, bank statements, and safe-deposit information. The original will is usually required to open probate. If you cannot find a will, the estate may be distributed under Iowa’s intestacy laws (see Iowa probate statutes referenced below).

Step 3 — Secure assets and property

Secure the decedent’s home, vehicles, safe-deposit boxes, and valuables. Notify banks and the post office (to forward mail). If the decedent owned real estate in Iowa, make sure utilities are safe and the property is protected from loss or damage.

Step 4 — Determine whether probate is needed

Not every estate requires full probate. Iowa has procedures for formal probate and for simplified handling of smaller estates or certain assets that pass outside of probate (joint accounts, payable-on-death accounts, beneficiary-designated retirement plans, and trusts). To see the statutes that govern probate procedure in Iowa, review Iowa Code Chapter 633: Iowa Code, Chapter 633 (Probate). For practical information and court forms, the Iowa Courts website has a probate section: iowacourts.gov — Probate.

Step 5 — Open probate or use a simplified procedure

If probate is required, someone (usually the person named as executor in a will or a close family member if there is no will) must file a petition with the Iowa district court in the county where the decedent lived or where real property is located. The court will appoint a personal representative (executor or administrator). The personal representative has authority to gather assets, pay debts, and distribute the estate under court supervision. The governing statutes and court forms are available through the Iowa Courts and the Iowa Code (see links above).

Step 6 — Identify and notify creditors; inventory assets

The personal representative must identify known creditors and follow Iowa law for notice requirements. That includes publishing notice to unknown creditors if the court requires it, and keeping an inventory of estate assets. The estate must pay valid debts and final bills before distributing assets to heirs or beneficiaries.

Step 7 — Tax and reporting obligations

Confirm whether any federal estate tax return or final individual income tax returns are required. Iowa does not currently impose a state estate tax, but check for any final state income tax filings that may be necessary. For federal tax questions, consult the IRS and for Iowa tax questions consult the Iowa Department of Revenue: tax.iowa.gov.

Step 8 — Distribute the estate and close probate

Once debts, taxes, and administrative expenses are paid and the court approves (if formal probate), the personal representative distributes remaining assets according to the will or, if there is no will, according to Iowa’s intestacy laws (see Iowa Code Chapter 633: Iowa Code, Chapter 633). After distribution, the representative files a final accounting and petition to close the estate with the court.

When to hire an attorney

Consider hiring an Iowa probate attorney when: the estate has significant assets, disputes among heirs or creditors arise, you face complex tax issues, the will is contested, or you are unfamiliar with probate procedure. An attorney can prepare filings, advise on deadlines, and reduce the risk of personal liability to the personal representative.

Common practical issues and how to handle them

• Missing original will: File a petition in the probate court and explain the circumstances. The court may accept a copy and consider evidence about the decedent’s intent.
• Joint accounts or beneficiary designations: Assets titled jointly or with beneficiary designations usually pass outside probate. Collect documentation showing the designation.
• Real property in multiple states: Real property located in other states may require ancillary probate in those states. Consult counsel if the estate includes out-of-state property.

Statutes and resources

• Iowa Code, Chapter 633 (Probate): https://www.legis.iowa.gov/docs/code/633.pdf
• Iowa Courts — probate information and forms: https://www.iowacourts.gov/for-the-public/representing-yourself/probate/
• Iowa Department of Public Health — vital records (death certificates): https://idph.iowa.gov/health-statistics/vital-records
• Iowa Department of Revenue (tax questions): https://tax.iowa.gov/

Disclaimer: This information is educational and does not constitute legal advice. Laws change and every situation is different. For advice about your specific circumstances, consult a licensed Iowa attorney.

Helpful Hints

• Get several certified death certificates early — many institutions require originals.
• Search thoroughly for an original will before filing anything with the court.
• Make a short checklist of accounts, insurance policies, and debts to speed the inventory process.
• Keep careful records and receipts for all estate expenses and distributions.
• Notify Social Security, Medicare, and the post office promptly to avoid benefit overpayments or identity issues.
• Ask the probate court clerk for local procedural guidance and available forms; forms can save time and reduce filing errors.
• If the estate is small or all assets pass by beneficiary designation, confirm whether you can avoid formal probate before filing.
• When in doubt about creditor claims or contested distribution, consult an attorney to protect yourself as personal representative.