Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.
Detailed Answer
When a loved one passes away, gathering the right documents and certificates is the first step in estate administration. Under Iowa law, a personal representative (also known as an executor or administrator) must open a probate proceeding with the county court. The following is a checklist of essential items to collect before filing:
- Certified Death Certificate: Obtain multiple certified copies from the county recorder or the Iowa Department of Public Health. Courts typically require at least one copy, and financial institutions may ask for additional copies.
- Original Will and Codicils: Locate the decedent’s last valid will and any codicils. The will appoints the personal representative and dictates asset distribution. Iowa Code §633.239 explains will probates: Iowa Code §633.239.
- Beneficiary Designation Statements: Gather declarations for life insurance, retirement accounts (IRA, 401(k)), pensions, and payable-on-death (POD) or transfer-on-death (TOD) accounts. These often bypass probate.
- Real Estate Documents: Deeds, property tax statements, mortgage statements, and any survey or title insurance documents. If property is jointly held, confirm the form of ownership.
- Financial Records: Bank and brokerage statements, safe-deposit box inventory, outstanding debts, and recent tax returns. Listing assets and liabilities helps prepare an inventory required by the court. See Iowa Code §633.226: Iowa Code §633.226.
- Business Agreements and Ownership Records: Documents showing interests in partnerships, LLCs, S corporations, or other business entities.
- Vehicle Titles and Registration: Titles for cars, boats, or other vehicles. Confirm liens and ownership status.
- Trust Documents: If the decedent had a revocable or irrevocable trust, gather trust instruments and any amendments. Assets held in trust may avoid probate.
- Guardianship or Conservatorship Papers: If the decedent served as a guardian or conservator, include court orders and bond documents.
- Tax Identification Number for Estate: After appointment, apply for an Employer Identification Number (EIN) from the IRS to file estate tax returns.
Once you compile these documents, file the petition for probate in the county where the decedent lived. The court will issue Letters Testamentary or Letters of Administration, formally authorizing you to act. You may also need a surety bond as required by Iowa Code §633.309: Iowa Code §633.309.
Helpful Hints
- Start early. Some documents, like death certificates, can take days to obtain.
- Request extra certified copies. Financial institutions often require originals.
- Organize documents chronologically and by category in a binder or secure folder.
- Keep detailed records of all court filings, notices to creditors, and distributions.
- Consult probate forms and guides on the Iowa Judicial Branch website (iowacourts.gov).
- If the estate qualifies as a small estate, you may use a simplified affidavit under Iowa Code §633.613: Iowa Code §633.613.
- Consider speaking with a probate attorney for complex estates or disputes.