Detailed Answer
Under Iowa law, a personal representative (formerly called an executor) manages and distributes a decedent’s assets. You follow steps on filing a petition with the county district court as outlined in Iowa Code Chapter 633.
1. Determine Whether Probate Is Necessary
If the decedent’s estate holds real property or personal assets over certain thresholds, probate is required. For small estates with total personal property valued at $100,000 or less and no real estate, Iowa Code § 633.638 authorizes a summary estate affidavit and avoids full probate: Iowa Code § 633.638.
2. Prepare and File the Petition
To start probate, file a Petition for Appointment of Personal Representative under Iowa Code § 633.201 et seq. (Iowa Code § 633.201) in the district court of the county where the decedent resided. If there is a valid will, attach the original will and death certificate.
3. Serve Notice to Interested Parties
After filing, serve notice to heirs, devisees, and creditors within the timelines set by Iowa Code § 633.244 (heirs), § 633.245 (will beneficiaries), and § 633.246 (creditors). You must generally mail notice at least 20 days before the hearing: Iowa Code § 633.244.
4. Attend the Hearing and Obtain Letters
The court usually schedules a hearing 4–6 weeks after filing. At the hearing, the judge will review the petition, any objections, and bond requirements. Upon approval, the court issues letters testamentary or letters of administration, formally appointing you as personal representative (Iowa Code § 633.306): Iowa Code § 633.306.
5. Timeline Overview
- Small‐estate summary—1–2 weeks from filing an affidavit (Iowa Code § 633.638).
- Regular probate—4–8 weeks to appointment after petition filing.
- Notice period—20 days before hearing; creditors have 3 months to file claims.
- Final distribution—often 6–12 months after appointment, depending on estate complexity.
Once appointed, you inventory assets, pay debts and taxes, and distribute property to beneficiaries according to the will or Iowa intestacy rules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Check estate value to see if you qualify for a small‐estate affidavit.
- Gather the original will and death certificate before filing.
- Use certified mail to serve notices and track service dates.
- Maintain clear records of all filings, notices, and court orders.
- Consult the Iowa court’s probate clerk for local rules and filing fees.