Which court handles an estate under Iowa law?
Short answer: Under Iowa law, the primary probate case is opened in the decedent’s domicile (the state and county where they were legally living when they died). If the decedent owned real estate or other situs-specific property in Iowa while their primary estate administration occurs in another state, you may need an ancillary probate in Iowa for that Iowa real property. If the person had no Iowa property and was not domiciled in Iowa at death, you generally will not open a full Iowa probate.
Detailed answer — how this works in practice
Three concepts control where you open probate: domicile, the location of specific property, and the type/size of the assets.
1. Domicile vs. physical place of death
Domicile is the legal home — where the person intended to live and returned to. A person can die while physically present in one state but still be domiciled in another. The state of domicile is usually the state that has authority to supervise the main probate administration (appointment of a personal representative or executor, distribution of most assets, and handling creditor claims).
2. Primary (domiciliary) administration
If the decedent was domiciled in another state when they died, that other state is usually the place to open the main probate proceeding. Iowa will not generally be the appropriate place for the primary probate unless the decedent was domiciled in Iowa at death.
3. Ancillary administration for Iowa-located property
If the decedent owned Iowa real estate (land or a house) or other property that by law must be probated where it is located, an ancillary (secondary) probate is typically required in Iowa. The ancillary proceeding lets a personal representative appointed elsewhere handle title transfer or sale of the Iowa property under Iowa court supervision.
4. Personal property, bank accounts, and small estate rules
Movable personal property and many bank accounts are handled according to the bank’s rules and the law of the state where the account or property is located. Some states (including Iowa) offer small‑estate procedures or affidavits that let heirs collect modest assets without a full probate. Whether those options apply depends on the type and location of each asset and the size of the estate.
5. Practical takeaway for a cross‑state death
If a person died outside Iowa but was legally domiciled in another state, start probate in the domiciliary state. If the decedent owned real estate or other assets located in Iowa, expect to open an ancillary probate in Iowa to clear title or transfer that property. If the decedent had neither domicile nor property in Iowa, Iowa courts normally will not handle the main estate.
How Iowa law and courts fit in
Iowa’s probate statutes and local courts govern probate opened in Iowa. For an overview of Iowa probate procedure, see Iowa courts’ public resources and the Iowa Code provisions that regulate probate proceedings.
- Iowa Courts – probate information: https://www.iowacourts.gov/for-the-public/representing-yourself/probate/
- Iowa Code — probate and administration (consult the relevant chapters for appointment of personal representatives and ancillary administration): https://www.legis.iowa.gov/docs/code/633.pdf
Step-by-step practical checklist
- Determine legal domicile: review the decedent’s voter registration, driver’s license, tax filings, home address, and statements of intent (e.g., deeds, leases).
- Locate the will (if any) and any beneficiary designations for retirement accounts or life insurance.
- Inventory assets and note the location of each asset (real estate, bank accounts, vehicles, brokerage accounts).
- Start probate in the domiciliary state for the primary administration. If you find Iowa real property, open ancillary probate in the Iowa county where the property sits.
- If the estate is small, check Iowa’s small‑estate procedures and the domiciliary state’s equivalents before filing a full probate.
- Consult an attorney licensed where the main probate will be and where any property is located (including Iowa if there is Iowa real property).
Helpful hints
- Do not transfer or sell real property until you have legal authority from the court (or a written transfer right such as a beneficiary deed). Unauthorized transfers can create personal liability.
- Ancillary probate generally handles only property located in the ancillary state; the domiciliary personal representative typically handles overall creditor claims and distributions.
- Bank and brokerage accounts often have beneficiary designations that bypass probate — check pay‑on‑death or transfer‑on‑death forms.
- Small estate procedures can save time and cost, but eligibility rules differ by state and by asset type.
- Get certified death certificates early. Courts and financial institutions will require multiple certified copies.
- If real estate sits in more than one state, you may need ancillary proceedings in each state where property sits.
- Talk to attorneys in the domiciliary state and in Iowa if Iowa property exists. They should coordinate so ancillary filings match the domiciliary appointment.
When to call a lawyer
Consult an attorney licensed in the domiciliary state when you begin the main probate. If the estate includes Iowa real estate or other Iowa‑situs property, also consult an Iowa probate attorney before attempting transfers or sales. Ask whether small‑estate procedures apply and whether ancillary administration in Iowa will be necessary.
Disclaimer: This article is general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed attorney in the state(s) involved.