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A notice of disallowance under section 633.439 shall advise the claimant that the claim has been disallowed and will be forever barred unless the claimant shall within twenty days after the date of mailing the notice, file a request for hearing on the claim with the clerk.
Some clerk of court offices store wills. Contact the clerk of court office in the county where you believe the will may be stored. If the clerk of court office in your county does not have the will, you should contact the attorney who may have been involved in drafting the will.
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.
Iowa probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
Probate is often a long and drawn out process, but this doesn't mean a claim can be brought against an estate at any time. In Iowa, a challenge to a trust or will must be brought against an estate within two years after the testator's death.
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.
IA Specifics In Iowa, creditors have up to 4 months from the second general creditor notice publication to make claims against the estate.
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.