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A letter of testamentary is a legal document granted by the probate court that permits a person named an executor to administer an estate.
However, Iowa does recognize a handwritten will as enforceable if it meets both: It is signed by the testator (the person making the will). It is signed in front of two competent witnesses.
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.
Contact the clerk of court office in the county where you believe the will may be stored.
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.
A will must be in writing, signed by the person making the will and witnessed by two people. You should visit with an attorney to find out whether you need a will and what it might include.
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.
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.