How Probate Works in Iowa

File a petition with the district court (with the original will, if any) and obtain letters of appointment for the executor or administrator. Publish notice once a week for two consecutive weeks in a local newspaper and mail notice to the surviving spouse, heirs, beneficiaries and known creditors; notice also goes to the Department of Health and Human Services for Medicaid claims. Serve the surviving spouse notice of the elective share deadline. File a report and inventory within 90 days after qualifying. Pay valid claims, then file a final report (or, in a small estate, a closing statement) and distribute. Final settlement must be made within three years after the second publication of notice unless the court orders otherwise.

Small estate administration: when the gross value of the probate assets subject to Iowa jurisdiction is $200,000 or less, the clerk issues letters to the proposed personal representative on a petition, and the estate can be closed by a sworn closing statement served on interested parties (who have 30 days to object) instead of a formal final report. The personal representative's fee is capped at 3% of the gross probate assets unless services are itemized. An estate can be converted to or from a small estate if its value changes.

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.

Any Iowa resident adult who is competent and whom the court does not find unsuitable can serve; qualified banks and trust companies can also serve. A nonresident individual can be appointed if an Iowa resident serves with them, or alone if the court allows it for good cause. A fiduciary who moves out of state can be removed. A bond is generally required, but a will can waive it (unless the court finds good cause to require one), and the court can waive bond for good cause if creditors and heirs will not be harmed.

If the gross value of the decedent's personal property that would pass by will or intestacy is $50,000 or less and there is no real property, a successor can collect the property by affidavit after 40 days have passed since the death, without opening an estate. The affidavit (under penalty of perjury) is given to the holder of the property with a certified copy of the death certificate, and covers tangible personal property, debts, accounts, securities and similar rights, and insurance or other property with no named beneficiary. It cannot be used while an estate administration is pending, and it does not transfer real estate. Medicaid repayment, taxes and creditors must be paid from what is received.

Probate (wills, appointment of personal representatives, and settlement of estates) is handled by the district court sitting in probate (Iowa Code 633.10). On Iowa Courts Online (Trial Court "Case Search"), non-parties can view general public case information but not documents; parties access documents through the electronic document management system, and others can view public records and documents at the clerk of court office where the case was filed.