Probate is the legal process of administering the estate of a deceased person. In Iowa, the person responsible for administering the probate is the executor or administrator of the estate. This individual is appointed by the court and has several important responsibilities, including:
The Iowa Supreme Court recently dealt with the question of a “pre-mortem” will contest. Will contests are typically filed after the person (testator) has died. For example, typical will challenges are based on lack of testamentary capacity or undue influence, or both. However, in the Kiene v. Wash. State Bank opinion from February 19, 2021,
When I’m discussing the probate process with a client, the discussion will get to a point where we talk about how the process may take a year or so before it is completed. And then I get the question:
You mean I can’t sell the house for a year?!?
Not exactly. Potentially as soon as
That’s a common question I get. Here’s the example: we are handling the probate estate for a deceased individual and we are discussing the assets: house, bank account, CD, car, etc. Then we also inquire about retirement accounts (IRA or 401(k) for example) and the client will state “oh, they had beneficiaries listed so they
For deaths of Iowa residents that occur after July 1, 2020, Iowa law now permits estates up to $200,000 in total “probate” value to use Iowa’s small estate chapter (Iowa Code chapter 635). So–as I typically ask–what does that mean?
Iowa’s small estate proceedings provide a few minor procedural differences than a “regular
Following a ruling from the Iowa Supreme Court issued June 12, 2020 in the Estate of Youngblut, cheated heirs now need to be aware of some very short deadlines to bring a claim. BE AWARE.
Will Contests Generally
If someone wants to contest a will, there are two main grounds to do so: (1)
Overview of the probate process in Iowa
Another common question we hear is concern about “inheriting” the debt of a deceased individual. That doesn’t happen in the probate process, but a broader explanation is necessary.
Probate involves dealing with assets AND debts. For example, notice is given to all creditors, potential creditors, and unknown creditors. The creditors can then file a claim
If all of your assets have a joint owner and/or a beneficiary listed, your estate may not need to go through the court-supervised probate process. But before you rush out to make those changes on your accounts, here are some things to think about joint accounts:
What comes as a surprise to many people, a Will does not need to be notarized to be a valid document. It just needs to be signed by the testator and then witnessed by two individuals. That’s basically it. No notary needed. No blood oath or blood covenant.
Now, you might be asking yourself (or
