How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in Iowa? | Iowa Probate

How a Guardian or Guardian ad Litem Is Appointed for a Minor’s Estate Interest in Iowa

Disclaimer: This article is for general informational purposes only and does not constitute legal advice.

Detailed Answer

Under Iowa law, minors cannot directly manage assets they inherit or receive through an estate. To protect a minor’s financial interests, the probate court appoints either a guardian of the estate or a guardian ad litem. Below is a step-by-step overview of each appointment process.

1. Petition for Appointment of a Guardian of the Estate

An interested party—commonly a parent, grandparent, or other relative—files a petition in the county probate court. Iowa Code section 633.26 sets out the requirements for this petition. The petition must include:

The minor’s full name, date of birth, and address.
A description of the assets or inheritance at issue.
Evidence that the minor cannot legally manage the estate.
The name and address of the proposed guardian.
A statement regarding the minor’s nearest relatives and their consent or objections.

Once filed, the court clerk assigns a hearing date and issues notices to all interested parties, including parents and close relatives.

2. Notice and Hearing

The court requires formal notice to all persons entitled by law to object. At the hearing, the judge evaluates:

Whether establishing a guardianship serves the minor’s best interests.
The qualifications of the proposed guardian.
Potential conflicts or objections by other relatives.

If the judge finds the petition valid and in the minor’s best interest, the court issues Letters of Guardianship, officially appointing the guardian of the estate.

3. Appointment of a Guardian ad Litem

A guardian ad litem is a court-appointed representative whose sole function is to protect the minor’s legal rights in a specific proceeding. Under Iowa Code section 633.398, a guardian ad litem is required when:

The minor’s interests conflict with those of other parties.
Ownership or claims to property are in dispute.
The minor is a party to a lawsuit in probate court.

To request a guardian ad litem, a party files a motion citing section 633.398. The judge then appoints an independent attorney or qualified individual to act as guardian ad litem. That appointee reviews the case facts, interviews the minor if appropriate, and files a recommendation or report to the court.

4. Bonds, Inventory, and Reporting

Following appointment, Iowa Code chapter 633 requires the guardian of the estate to:

Post a bond to secure the minor’s assets (unless waived by the court).
File an inventory of the minor’s assets within 30 days.
Provide annual accountings and status reports to the court.

The guardian ad litem, meanwhile, has no ongoing financial duties but must file any final recommendations or reports before the case concludes.

Helpful Hints

Start the process early: Appointing a guardian can take 6–8 weeks from petition to court order.
Gather documents: Birth certificates, death certificates, and estate inventories help streamline the petition.
Consider mediation: If relatives disagree, mediation can resolve conflicts before a hearing.
Understand costs: Court filing fees and bond premiums vary by county.
Work with professionals: A probate attorney or experienced court clerk can guide you through local procedures.