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 probate court to serve in this role.
Statutory Authority
Iowa courts appoint administrators under Iowa Code §633.37 and set appointment priority under Iowa Code §633.38.
Who Can Serve?
- Surviving spouse
- Any child or descendant
- Decedent’s parent or sibling
- Other heirs or creditors, if no family member applies
Applicants must be at least 18 years old and of sound mind. Nonresidents need to appoint an Iowa resident agent.
Priority of Appointment
Iowa Code §633.38 outlines the order: spouse first, then children, parents, siblings, and more remote heirs. If multiple persons at the same level apply, the court selects the best qualified.
Steps to Appointment
- File a sworn Application for Appointment of Administrator in the county where the decedent lived.
- Submit an Oath of Administrator promising to execute duties faithfully.
- Post any bond the court requires to protect estate creditors and heirs.
- Notify interested parties, including heirs and creditors, as required by court rule.
- Attend a court hearing, if scheduled.
- Receive Letters of Administration, granting legal authority to act.
Bond and Oath Requirements
The court generally requires a bond under Iowa Code §633.195. You must swear an oath to administer the estate honestly and in compliance with Iowa law.
Helpful Hints
- Review local probate court rules and filing fees before you begin.
- Prepare a list of all potential heirs and their contact information.
- Estimate the estate value accurately to determine bond amount.
- Serve notices promptly to avoid procedural delays.
- Consult an attorney if heirs dispute priority or bond requirements.