Detailed Answer — Documents usually required to apply for probate appointment and to take the fiduciary oath in Iowa
Below is a plain-language, step-by-step explanation of what most people must bring and file when they seek appointment as a personal representative (executor or administrator) and take the required oath in Iowa. This describes common requirements under Iowa probate law (see Iowa Code, Chapter 633) and Iowa court practice. This is general information only and not legal advice.
Quick overview
When someone dies in Iowa, the person named in a will as executor typically files to be appointed and receive Letters Testamentary. If there is no will, a close relative files to be appointed as administrator and receives Letters of Administration. The appointment process normally requires:
- A formal application or petition for probate and appointment
- The decedent’s original will (if any) and certified death certificate
- The fiduciary’s oath (signed in court or before the clerk)
- A bond (if required) or a filed waiver of bond
- Identification for the petitioner and information about heirs/beneficiaries
- Any required filing fees and local forms
What specific documents are commonly required
- Certified copy of the death certificate. Courts require a certified death certificate to open a probate estate. Obtain this from the funeral director or the Iowa Department of Public Health.
- The original will (if one exists). File the original will with the Clerk of the District Court in the county where the decedent lived. If you have only a copy, bring it and explain why the original is not available.
- Petition or application for probate and for appointment as personal representative. This is the formal pleading that asks the court to admit the will (if there is one) and appoint you. Most counties use a standard form for this petition.
- Oath of personal representative (fiduciary’s oath). Iowa requires the appointed fiduciary to take an oath to perform duties faithfully. Courts accept the oath at the appointment hearing or may have a form to be sworn before the clerk.
- Bond or waiver of bond. A surety bond protects the estate. The will may waive or limit bond. If the will does not waive bond, the court may require a bond unless all interested parties agree to waive it. Counties have forms for bonding or waivers.
- Renunciations or consents (if applicable). If someone with priority to serve steps aside, they must typically sign a renunciation or consent form so you can be appointed.
- Notice and waiver forms for heirs and beneficiaries. Iowa procedure usually requires giving notice to certain heirs and beneficiaries. Some beneficiaries may sign written waivers of notice or consent to appointment.
- List of heirs, beneficiaries, and next of kin. The petition often asks for names and addresses of heirs and beneficiaries. If there is no will, the court needs information to determine intestate heirs.
- Inventory or schedule of known estate assets (in some counties, later filing is allowed). Many counties require an inventory of estate assets soon after appointment; others allow a later inventory. Be prepared to list bank accounts, real estate, vehicles, and other property.
- Identification for the petitioner. Bring a government photo ID so the clerk can confirm your identity when you sign the oath and other documents.
- Filing fee or fee waiver paperwork. Iowa counties charge a filing fee to open probate. If you cannot pay, ask the clerk about fee waiver options (income limits and rules apply).
Variations depending on common situations
Below are common fact patterns and the additional items they typically require:
- If you are named executor in the will: File the original will, the petition, the death certificate, and the executor’s oath. If the will waives bond, include the waiver language or an affidavit stating the will’s terms.
- If there is no will (intestate): File a petition for appointment as administrator, submit a death certificate, list probable heirs, and be prepared to post a bond unless heirs consent to waive it.
- If the named fiduciary is a nonresident or a corporation: The court may require a resident agent or additional proof of authority. Corporate fiduciaries often need certified corporate resolutions and proof of good standing.
- If multiple people claim priority to serve: The court may hold a hearing. Bring affidavits, renunciations, or consents to clarify who will serve.
Where to file and where the oath is taken
File the petition and supporting documents with the Clerk of the District Court in the county where the decedent resided at the time of death. The clerk’s office schedules an appointment or hearing for admission of the will and appointment of the fiduciary. The fiduciary will take the oath either in court during the appointment hearing or before the clerk. Local clerk offices and the Iowa Judicial Branch publish forms and instructions online (see resources below).
Statutes and official sources
Iowa probate law is primarily in Iowa Code Chapter 633. See the Iowa Code and local court forms for county-specific steps:
These resources explain statutory requirements for appointment, bonding, and fiduciary duties. If you reference a specific statute (for example, rules about bonds or the fiduciary’s oath), consult Chapter 633 in the Iowa Code for the exact text and updates.
Sample checklist you can use when you go to the clerk
- Certified death certificate (1–2 certified copies)
- Original will (if any) and any codicils
- Completed petition for probate and appointment (county form)
- Oath form for personal representative (signed in clerk’s office or at hearing)
- Bond or signed waivers of bond from beneficiaries/heirs
- Renunciations/consents from other potential personal representatives (if applicable)
- List of heirs/beneficiaries with addresses and relationship
- Identification for petitioner (photo ID)
- Payment for filing fee or fee-waiver paperwork
Next steps after appointment
After the clerk issues Letters Testamentary or Letters of Administration, common next tasks include opening an estate bank account in the fiduciary’s name, gathering and securing assets, notifying creditors, filing an inventory, paying valid debts and taxes, and distributing assets under the will or Iowa intestacy law. The court and Iowa Code set deadlines for some of these tasks.
Helpful Hints
- Start with the clerk of the district court in the county where the decedent lived. County clerks often provide packet forms and step-by-step instructions.
- Bring the original will whenever possible. If you bring only a copy, be prepared to explain the original’s location or provide an affidavit.
- Obtain multiple certified death certificates early. Banks and government agencies usually request certified copies.
- Check whether the will waives bond. Many wills expressly waive or limit bond; attach a copy of the relevant will clause to your petition.
- If you cannot locate heirs, ask the clerk about required notice and possible publication procedures.
- Don’t sign the fiduciary oath until you are in front of the clerk or judge unless allowed by local procedure.
- Keep a copy of every document you file and get stamped copies from the clerk.
- If you anticipate disputes (competing claims to appointment, contested will), expect a hearing and consider consulting an attorney for strategy and representation.
Disclaimer: I am not a lawyer and this is not legal advice. This article summarizes common Iowa probate practices and points you to Iowa statutory resources. For legal advice about a specific estate, contact a qualified attorney licensed in Iowa or consult the county clerk for local procedures.