Detailed Answer
When someone dies without a will (dies intestate) in Iowa, their property does not just disappear. Iowa law sets rules for who inherits and how assets transfer. Whether you must open a probate administration depends on what assets the decedent owned, how those assets are titled, and whether anyone can use a simplified transfer process.
Key legal framework: Iowa’s rules for wills, intestacy, and estate administration are contained in the Iowa Code that governs wills and succession. See Iowa Code, Chapter 633 for the statutory framework governing succession and probate procedures: Iowa Code Chapter 633 (Wills and Succession).
When probate administration is typically required
Probate administration is commonly required when the decedent owned assets that cannot pass automatically to another person. Examples include:
- Real estate titled solely in the decedent’s name (land, house).
- Bank or investment accounts that have no payable-on-death (POD) or transfer-on-death (TOD) beneficiary and are owned only by the decedent.
- Personal property (furniture, collectibles) with significant value and no contractual beneficiary or joint owner.
- Assets subject to creditor claims or where formal collection and payment of debts are necessary.
In those situations, someone (usually a close family member) must ask the probate court to appoint an administrator. The administrator gathers assets, pays lawful debts and taxes, and distributes the remainder according to Iowa’s intestacy rules.
When probate may not be required or can be simplified
Probate can sometimes be avoided or simplified if the decedent’s property already had a mechanism to pass ownership automatically:
- Joint tenancy or tenancy by the entirety with right of survivorship — the surviving joint owner generally takes ownership by operation of law.
- Accounts with beneficiary designations (POD/TOD) or retirement accounts and life insurance with named beneficiaries — the named beneficiary typically receives the asset without probate.
- Assets held in a living trust — trust assets usually transfer under the trust’s terms without probate.
- Small estate procedures and affidavits — Iowa allows procedures to collect or transfer certain personal property when the estate value is limited or where statutory conditions apply. These procedures can be faster and avoid full probate administration.
Because statutes and local court rules govern the details, the availability of a small estate affidavit or a summary transfer can depend on the asset type and the total estate value.
Intestate succession basics in Iowa
If probate is opened and the decedent left no will, Iowa’s intestacy rules determine who inherits. Typically, the surviving spouse, children, parents, or other relatives inherit according to a prescribed order. The court-appointed administrator distributes estate assets following those statutory rules.
For the statutory text on intestacy and distribution, see: Iowa Code Chapter 633 (Wills and Succession).
Common practical scenarios (hypothetical facts)
1) Decedent owned a house solely in their name and no named beneficiaries on accounts. Probate administration is almost always required to transfer real estate title and clear title for the heirs.
2) Decedent owned a bank account payable on death to a named beneficiary and a jointly titled car. The beneficiary and joint owner can usually collect those assets without opening probate.
3) Decedent had a small checking account and no real estate or other assets. A simplified collection procedure or an affidavit for small estates (if statutory conditions are met) may allow family to collect funds without full probate.
Helpful Hints
- Do not assume probate is automatically required — check how each major asset is titled and whether a beneficiary is named.
- Locate the death certificate, all account statements, deeds, insurance policies, and any records of beneficiary designations before contacting a court or bank.
- Check for a will. A will changes the process (it directs distribution and names a personal representative), but probate can be necessary whether or not a will exists.
- Contact banks, insurance companies, and the county recorder’s office to learn each asset’s transfer rules.
- Ask the county probate clerk or visit the Iowa Code (Chapter 633) for general guidance on intestacy and estate administration: Iowa Code Chapter 633.
- Consider whether a small estate procedure applies before filing for full administration — it can save time and expense.
- Be mindful of creditor claims — administrators must notify creditors and follow court rules when settling debts.
- If unsure, consult a probate attorney licensed in Iowa. An attorney can advise whether probate is required, whether a simplified procedure qualifies, and how to protect heirs from liability or creditor issues.