Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
In Iowa, probate hearings proceed under Iowa Code Chapter 633. If you have filed a petition for probate or appointment of a personal representative but the court has not set a hearing, you can take the following steps:
1. Review Your Filed Petition
Ensure you have submitted a complete petition for probate of will or appointment of a personal representative. Under Iowa Code Chapter 633, the petition must include:
- Decedent’s name, date of death, and county of residence (Iowa Code § 633.36).
- Names and addresses of heirs and beneficiaries (Iowa Code § 633.37).
- Estimated value of the estate (Iowa Code § 633.38).
2. File a Motion to Set Hearing
If no hearing date appears on your case docket within 14 days of filing, file a formal Motion to Set Hearing with the clerk of the district court. Include:
- A reference to your original petition (case number and date filed).
- A request that the court schedule a hearing date.
- Suggested dates and times that conform to local court schedules.
The clerk will docket your motion and forward it to the judge.
3. Serve Notice on Interested Parties
Iowa law requires notice to heirs, beneficiaries, and creditors before a hearing (Iowa Code § 633.63). Within five days of filing your motion:
- Mail or hand-deliver a copy to all interested persons.
- File a proof of service with the court.
4. Contact the Clerk’s Office
After filing your motion, contact the clerk’s office to confirm the judge’s availability and the date for your hearing. Each county has its own scheduling process, but clerks typically assign the next available probate docket slot.
5. Prepare for the Hearing
Gather all supporting documents:
- Original will (if any).
- Death certificate.
- Affidavits of heirship or heir consent forms.
- Proof of service notices.
Submit any required bond or waivers of bond under Iowa Code § 633.255 if you serve as personal representative.
6. Attend the Hearing
Arrive early, bring multiple copies of all documents, and be prepared to answer the judge’s questions about the petition and notice. If approved, the court will issue Letters Testamentary or Letters of Administration.
Helpful Hints
- Use the Iowa Judicial Branch website to check local probate rules and hearing schedules.
- Double-check service addresses and dates to avoid delays in scheduling.
- Consider hiring a probate clerk or paralegal for assistance with filings and notices.
- Keep a detailed log of all filings, notices, and communications with the court.
- If the court denies your motion, request a written order and consult an attorney for next steps.