Iowa Petition for Probate

Introduction

Key Things to Know

1. 1

   The Iowa district court, sitting in probate in the decedent's county of domicile (or, for a nonresident decedent, a county where the decedent had property), hears the petition, and the clerk of the district court can issue letters (Iowa Code 633.10, 633.290). Iowa has no single statutory name for the filing: probate of the will and appointment of the executor may be combined or separate, and an intestate estate uses a petition for administration. The court's or clerk's requirements control over any draft petition, including any local form.

2. 2

   No one has authority over estate assets until the court appoints them and letters issue. A named executor must still petition and be appointed, and should not distribute assets, pay heirs or sell property before appointment or before the creditor claims period ends.

3. 3

   Probate of a will, or administration of an intestate estate, may not be granted after five years from death unless a petition is filed before the five years expire (Iowa Code 633.331). The person holding a will must deliver it to the court after learning of the death, with no number of days set (633.285). Willful refusal after a court order is contempt.

4. 4

   For a will, the person designated in the will has preference, then any beneficiary or a person the beneficiaries nominate, then any creditor or their nominee, then another qualified person (Iowa Code 633.294). A spouse does not outrank other beneficiaries in that order. For an intestate estate, the surviving spouse has the first 20 days after death to petition, then each later class in turn has its own 10-day window, though any class member may file afterward if letters have not issued (633.228).

5. 5

   A nonresident individual may be appointed only if otherwise qualified and a resident fiduciary is appointed to serve with them, though the court may for good cause let the nonresident serve alone (Iowa Code 633.64). A qualified resident is a natural person of full age who is not incompetent or found unsuitable (633.63).

6. 6

   The court or clerk may admit a will with or without prior notice (Iowa Code 633.293). After letters issue, the executor publishes notice once a week for two consecutive weeks in a county newspaper and mails notice to the surviving spouse, heirs and devisees whose identities are reasonably ascertainable (633.304). Claims are barred unless filed within the later of four months after the second publication or one month after notice is mailed to a reasonably ascertainable claimant, though medical assistance recovery claims have six months after notice to the designated state entity (633.410, 633.304A). A bond is required, set at the personal property plus estimated gross annual income, unless waived by the will, by the distributees in writing if creditors are not prejudiced, or by the court for good cause if creditors and distributees are not prejudiced (633.169, 633.170, 633.172, 633.173, 633.175). Even when the will waives bond, the court may require one for good cause.

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Iowa has small estate options, including administration under chapter 635 and, for very small estates, distribution by affidavit (633.356). See our small estate affidavit page for the affidavit route.

Iowa Requirements for Petition for Probate

• District Court Hears the Petition

  A verified petition is filed in the Iowa district court of the proper county, the county of the decedent's domicile or, for a nonresident decedent, a county where the decedent had property. The clerk of the district court can hear routine probate matters and issue letters (Iowa Code 633.10, 633.290).

• Verified Petition, No Single Statutory Name

  Probate of the will and appointment of the executor may be combined or filed separately, and an intestate estate uses a petition for administration. The petition states the decedent's name, domicile and date of death, the proposed executor's name, address and qualification, and the reason if the proposed executor is not the person named in the will (Iowa Code 633.291, 633.292). The court's or clerk's requirements control.

• Five-Year Limit to Open Probate

  Probate of a will, original administration of an intestate estate or ancillary administration may not be granted after five years from death unless a petition is filed before then (Iowa Code 633.331). The person holding the will must deliver it to the court, with no number of days set (633.285).

• Priority and Nonresident Rule

  For a will, preference runs to the designated person, then a beneficiary or the beneficiaries' nominee, then a creditor or their nominee, then another qualified person (Iowa Code 633.294). A nonresident individual serves only with a resident fiduciary unless the court allows otherwise for good cause (633.64).

• Notice After Appointment

  As soon as letters issue, the executor publishes notice once a week for two consecutive weeks in a county newspaper and mails notice as soon as practicable to the surviving spouse, heirs and devisees whose identities are reasonably ascertainable (Iowa Code 633.304). The court or clerk may admit a will with or without notice (633.293).

• Creditor Claims Period

  Claims are barred unless filed with the clerk within the later of four months after the second publication of the notice to creditors or, for each reasonably ascertainable claimant, one month after notice is mailed (Iowa Code 633.410). Medical assistance recovery claims have six months after notice to the designated state entity (633.410(2), 633.304A). An action to set aside the will is barred after the later of four months from the second publication or one month from mailing (633.304).

• Bond Required Unless Waived

  Every fiduciary files a bond with sufficient surety, set at the personal property of the estate plus the estimated gross annual income during administration. The will, the distributees in writing if creditors are not prejudiced, or the court for good cause if creditors and distributees are not prejudiced may waive it, and the court may still require one for good cause (Iowa Code 633.169, 633.170, 633.172, 633.173, 633.175).