Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an Iowa-licensed attorney for guidance specific to your situation.
Detailed Answer
Under Iowa law, an interested person may petition the probate court to remove an estate administrator who fails to perform required duties. The relevant statutes appear in Iowa Code Chapter 633. Broadly, removal is available for neglect, refusal to act, misconduct, incapacity, or breach of fiduciary duty.
Grounds for Removal
- Neglect or Refusal: If the administrator does not pay debts, distribute assets, or file required reports and accounting. (See Iowa Code § 633.439: Removal or Resignation of Fiduciary.)
- Misconduct or Self-Dealing: Any improper use of estate property for personal benefit.
- Incapacity: Mental or physical inability to carry out duties.
Who May File
An “interested person” can file. This includes heirs, beneficiaries, creditors, or anyone entitled to notice under Iowa Code § 633.33.
How to File a Petition
- Prepare a written petition for removal specifying: the administrator’s name; facts showing failure or misconduct; and the relief requested.
- File the petition with the probate clerk in the county where the estate is administered. (Iowa Code § 633.33.)
- Serve a copy on the administrator and all interested persons, including beneficiaries and creditors.
- Attend the hearing. The court will consider evidence, hear objections, and decide whether removal is warranted.
Possible Outcomes
- Removal and Succession: The court may remove the current administrator and appoint a successor, such as a bond-admitted creditor or an alternate nominated in the will. (Iowa Code § 633.400–.502.)
- Supervision or Sanctions: In less severe cases, the court might order the administrator to comply with accounting deadlines or impose other sanctions.
- Denial: If the court finds no valid grounds, the petition will be denied.
Helpful Hints
- Document all missed deadlines, failures to account, or communications with the administrator.
- Review Iowa Code Chapter 633 to understand deadlines for filing accounts and petitions.
- Consider informal resolution first: send a demand letter describing concerns.
- Gather supporting documentation: inventory lists, bank statements, and correspondence.
- Confirm you qualify as an “interested person” under Iowa law before filing.
- Meet notice requirements precisely: improper service can delay the process.
- Consult a probate attorney to help navigate procedural rules and court forms.