Executor Duties in Iowa

As soon as letters are issued, the personal representative publishes notice of appointment and notice to creditors once a week for two consecutive weeks in a county newspaper, and mails notice to the surviving spouse, heirs, beneficiaries and known claimants (and to the Department of Health and Human Services for Medicaid claims). Within 90 days after qualifying (unless the court grants more time), the representative files a verified report and inventory with the clerk listing the decedent's property, heirs or beneficiaries and other required information. The representative pays valid claims, files a final report (or a sworn closing statement in a small estate) and distributes the estate. Final settlement must be made within three years after the second publication of notice unless the court orders otherwise.

Iowa district courts issue "letters of appointment" to the executor (with a will) or administrator (without one) after a petition is filed in the district court with the original will, if any. Any competent adult Iowa resident the court does not find unsuitable may serve; a nonresident may be appointed with an Iowa resident co-fiduciary, or alone if the court allows for good cause. A bond is generally required, but a will can waive it and the court may waive it for good cause. For small estates (gross Iowa probate assets of $200,000 or less), the clerk issues letters on a petition and the estate may close by sworn statement.

Claims must be filed with the clerk within four months after the second publication of the notice to creditors or, for a creditor whose identity is reasonably ascertainable, one month after notice is mailed to them, whichever is later; otherwise they are barred. State Medicaid recovery claims have six months after electronic notice.