Probate in Iowa | IA Legal Resources | FastCounsel

Iowa: How to Secure Proceeds from a Pending Wrongful Death Settlement

How to Secure Proceeds from a Pending Wrongful Death Settlement in Iowa Quick answer: Ask the court to order the settlement funds deposited into the court registry (the clerk of court) or to approve an interpleader or related protective procedure so the clerk holds the money until the court approves distribution. You will usually need […]

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Iowa: How to Challenge a Personal Representative’s Claim of Ownership Over Inherited Real Property

How to challenge a personal representative’s claim of ownership over real property you expect to inherit Short answer: Yes. Under Iowa probate law, beneficiaries and interested persons can challenge a personal representative’s control or asserted ownership of estate real estate. Iowa’s probate code gives courts the power to require inventories and accountings, to remove or […]

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Iowa: Who Gets Surplus Proceeds When an Owner Dies Intestate and Siblings Are Involved

Detailed answer If a property owner dies without a will (intestate) in Iowa, any surplus proceeds from the sale of that property become part of the decedent’s estate. "Surplus proceeds" means money left after satisfying the mortgage, tax liens, sale costs, and any other prior liens or valid claims on the property. Because the decedent […]

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Filing a Motion for Surplus Proceeds After a Foreclosure in Iowa

Detailed Answer Summary of hypothetical facts used: a home in Iowa owned by your mother was sold at sheriff's/foreclosure sale and the sale produced money in excess of the amounts owed (a "surplus"). Your mother is deceased. You want to know the steps to file a motion so the court will determine who is entitled […]

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Iowa: Claiming Survivorship Rights to Increase Surplus Funds After a Sheriff’s Sale

Can a survivorship interest in a deed give you a larger share of surplus funds after a sheriff’s sale in Iowa? Short answer: Possibly — but it depends on whether the deed actually created a valid right of survivorship, the timing of recordings and liens, and how the sheriff and courts treat ownership at the […]

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Iowa: How to Claim Surplus (Overage) After a Tax Foreclosure Sale

Detailed Answer — Claiming Surplus Funds After an Iowa Tax Sale Short answer: If a county tax sale produced money in excess of the taxes, interest, and sale costs, the former owner (or other lawful claimants such as heirs or lienholders) may be able to claim that surplus. In Iowa you should start by contacting […]

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Documenting a Repossessed Vehicle During Estate Settlement — Iowa

What to do when a motor vehicle tied to a decedent’s estate has been repossessed Disclaimer: This is general information, not legal advice. Laws change and every situation differs. Consult a licensed Iowa attorney for advice about your specific case. Detailed answer — documenting a repossessed vehicle while administering an Iowa estate When someone who […]

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Iowa: What Happens If a Sibling Claims You Mismanaged Estate Assets for Selling a Parent’s Car?

Detailed Answer Short answer: Whether a sibling’s claim of mismanagement (or “mismanagement of estate assets”) succeeds depends on your legal authority to sell the car, the reasonableness of the sale, how you handled the proceeds, and whether you can document the decision. If you were the decedent’s appointed personal representative (executor) and followed estate rules, […]

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Iowa: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Title Is Missing

Transferring a vehicle title in a small Iowa estate when the original title is missing Not legal advice. This information explains how the process generally works in Iowa and points you to official resources. Consult an attorney or your county treasurer if your situation is unclear or complicated. Detailed answer — step-by-step overview This section […]

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Iowa — Challenging or Dismissing a Petition for Possession and Control of Estate Property

How to Challenge or Seek Dismissal of a Petition for Possession and Control of Estate Property (Iowa) Disclaimer: This article is general information only and is not legal advice. It explains basic Iowa probate procedures so you can understand options and talk with a probate attorney. Laws change; check current Iowa statutes and consult an […]

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