Can I Elect to Receive a Life Estate Instead of an Intestate Share in Iowa?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under Iowa law, a surviving spouse may choose to take a life estate in the decedent’s real property instead of the statutory intestate share. This election affects only the […]
Read article →How Does an Executor Obtain an EIN for an Estate in Iowa?
Detailed Answer When someone named as executor, they need an Employer Identification Number (EIN). An EIN allows the estate to open bank accounts, report income, and file tax returns. Under Iowa law, the executor must follow the duties assigned in Iowa Code 633.29. The Internal Revenue Service issues the EIN through Form SS14. Step 1: […]
Read article →What is the difference between common and solemn form probate in Iowa?
Understanding Informal vs Formal Probate in Iowa Disclaimer: This article is for educational purposes and does not constitute legal advice. For advice about your situation, please consult a licensed attorney. Detailed Answer In Iowa, probate proceedings begin when a personal representative files an application with the District Court in the county where the decedent resided. […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Iowa?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Under Iowa law, the executor or administrator must set aside a year’s allowance for the surviving spouse and minor children out of the estate’s assets. Iowa Code section 633.402 […]
Read article →How to Request and Schedule a Probate Hearing in Iowa When None Is Set
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. In Iowa, probate hearings proceed under Iowa Code Chapter 633. If you have filed a petition for probate or appointment of a personal representative but the court has not […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in IA
Detailed Answer Moving a probate case forward in Iowa requires properly serving court orders on each interested party. Iowa Code and court rules set clear steps for service. Follow these steps to ensure compliance and avoid delays. 1. Identify All Interested Parties “Interested parties” include heirs, devisees, creditors, and any person entitled to notice under […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in IA
Disclaimer: This content is for informational purposes and does not constitute legal advice. Consult a licensed attorney for advice tailored to your situation. Detailed Answer When you hire an attorney under an initial probate representation agreement in Iowa, the agreement typically defines the scope of tasks the lawyer will handle. These tasks often include: Initial […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties? Iowa
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 […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in Iowa
Detailed Answer In Iowa probate, the executor or administrator generally must file a final accounting after winding up an estate. Iowa Code section 633.562 (Final report procedure) requires a detailed report of all receipts, disbursements, assets and distributions. The statute does not provide an automatic extension, so you must request extra time from the court […]
Read article →Do I Need to Open an Estate in Iowa to Pursue a Wrongful Death Claim?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation. Detailed Answer Iowa Wrongful Death Statute Under the Iowa Wrongful Death Act (Iowa Code §613.1), a wrongful death action must proceed in the name of the decedent’s personal representative. If no personal […]
Read article →