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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.
Is Probate Required in Iowa? 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. If you name a beneficiary to your assets, you can also avoid probate.
IA Specifics In Iowa, creditors have up to 4 months from the second general creditor notice publication to make claims against the estate.
§ 633.356(1), forty (40) days must pass between the date of death and the use of a small estate affidavit. Maximum ? $50,000. I.C.A. § 633.356(1) defines a very small estate as having a gross value of $50,000 or less, and it must not contain any real property.
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 claim against an estate is a written request for the estate to pay money that the decedent owed.
An estate is considered settled when the executor has completed the following tasks: the will has been submitted to the probate court, the estate has been fully inventoried, all creditors have been notified and paid, any taxes due have been settled, and the remaining assets have been distributed as outlined in 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.