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When a person dies without a will, Iowa Code provides a surviving spouse with an exclusive right for 20 days to file with the court a petition to initiate administration of the estate. Other heirs in succession, starting with surviving children, if any, have an additional 10 days to file such a petition.
There is no official court form for filing a claim against a will or an estate. Your local clerk of court office may have such a form. Claims in probate may involve very complicated legal questions. You should visit with an attorney.
Most inheritance cases in Iowa will require probate. However, there are a few exceptions, such as having an estate with a value of less than $25,000 that only includes personal property.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
There is no official court form for filing a claim against a will or an estate. Your local clerk of court office may have such a form. Claims in probate may involve very complicated legal questions. You should visit with an attorney.
Iowa law requires that an estate be closed within 3 years after the second publication of the notice to creditors, unless a court grants an extension. Even while the estate is still in probate, however, beneficiaries may be able to receive part of their inheritance.
A letter of testamentary is a legal document granted by the probate court that permits a person named an executor to administer an estate.
Opening an estate is not required for every deceased person, but it may be necessary to transfer property, pay debts, and obtain tax clearances. Estate and probate matters can be complicated. You should talk to an attorney.