Detailed Answer
When a probate estate opens in Iowa, the personal representative must notify creditors—including medical debt collectors—so they can submit claims against the estate. Iowa Code Chapter 633 sets specific notice requirements and deadlines.
1. Statutory Publication Notice
Under Iowa Code §633.33 (Notice to Creditors), the personal representative must publish a notice in a newspaper of general circulation in the county where probate is filed:
- Once each week for three successive weeks.
- Include the name of the decedent, date and place of death, and address of the personal representative or attorney.
- State that creditors must file claims within four months from the date of the first publication.
2. Direct Notice to Known Creditors
Under Iowa Code §633.37 (Notice to Unknown Parties), the personal representative must mail written notice to all known or reasonably ascertainable creditors:
- Mail notice by first-class mail within 30 days after appointment.
- Include the same information required in the published notice.
- Creditors receiving mailed notice have four months from the date of mailing to file a claim.
3. Claim Deadlines and Procedures
Creditors may present claims in the probate court where the estate is open. Standard deadlines include:
- Four months from first publication for published notice.
- Four months from mailing for direct notice.
- Late claims may be barred unless the court allows relief for reasonable cause.
4. Specific Considerations for Medical Debt Collectors
Medical debt collectors are treated like other creditors. They must receive either published or mailed notice to file a valid claim. If you suspect additional medical debts, identify providers and notify them early to avoid surprises late in administration.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Helpful Hints
- Compile a comprehensive list of known creditors before publishing notice.
- Verify newspaper deadlines and proof of publication for court records.
- Send mailed notices via certified mail and keep receipt records.
- Track and calendar all claim deadlines to avoid missed claims.
- Consult a probate attorney if you encounter disputed or unknown claims.