Detailed Answer
In Iowa probate, the executor or administrator generally must file a final accounting after winding up an estate. Iowa Code section 633.562 (Final report procedure) requires a detailed report of all receipts, disbursements, assets and distributions. The statute does not provide an automatic extension, so you must request extra time from the court before the original deadline.
1. Identify Your Filing Deadline
The court sets the deadline for a final accounting at the time of appointment or after beneficiaries ask for a report. Review your appointment order or notice of hearing to find the date.
2. Prepare a Motion for Extension
Draft a written motion titled “Motion for Extension of Time to File Final Accounting.” Include:
- The original accounting deadline
- Specific reasons for delay (e.g., complex assets, pending valuations, health issues)
- Proposed new deadline
- A certificate of service showing you will serve all interested parties
3. File and Serve the Motion
File the motion with the clerk of the probate court handling the estate. Then serve a copy on all beneficiaries, creditors and other interested persons by mail or as the court rules require. Iowa Rule of Civil Procedure 1.981 on motions offers a general guide to form and service, but the court will follow Iowa Code chapter 633 and local probate rules.
4. Attend a Hearing (If Required)
Some courts automatically grant short extensions when there is no objection. Other courts require a brief hearing. Be prepared to explain the delay and confirm all parties received notice.
5. Enter an Order
If the judge grants your request, the court will issue an order extending the deadline. Keep a copy in your case file and plan to file the final accounting by the new date.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney to discuss your specific situation.
Helpful Hints
- Start early. File your motion at least 30 days before the deadline.
- Provide clear, fact-based reasons for the extension.
- Double-check local probate court rules for filing procedures.
- Keep beneficiaries informed to avoid objections.
- Use certified mail or court-approved methods to serve documents.