PROBATE ADMINISTRATION

When a loved one passes away in Iowa, his or her estate often goes through a court-managed process called probate administration where the assets of the deceased are managed and distributed.  If your loved-one had a will, normally an executor would be named and that person would petition the court to be in charge of managing the estate during the probate process. If a person died without a will (intestate), then a court will appoint an administrator. The administrator generally has the same responsibilities as an exector. 

Every probate estate is unique, but most involve the following steps:

• Filing of a petition with the proper Iowa probate court.
• Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
• Notice to creditors.
• Notice to heirs under the Will or to statutory heirs (if no Will exists).
• Inventory and appraisal of estate assets by Executor or Administrator.
• Payment of estate debts to rightful creditors.
• If necessary, the sale of estate assets.
• Payment of estate taxes, if applicable.
• Final distribution of assets to heirs.
• Executor or Administrator released of any liability.

Contact one of our probate administration attorneys to learn more about the probate process and how we can assist the executor or administrator to ensure all of the probate steps are followed and the decedent's estate is closed in a timely fashion.

PROBATE LITIGATION

We have substantial experience in contested probate estate matters. Litigation over probate estates can involve disputes over various issues, including:

• will contests based on, e.g., lack of capacity, undue influence, fraud, duress, coercion, lack of proper formalities, or bequests to disqualified beneficiaries (including caregivers and attorneys);
• beneficiary claims;
• accounting by Executor;
• breach of fiduciary duty;
• estate mismanagement; and
• family disputes.

Contact one of our probate litigation attorneys to discuss your claim involving a decedent's estate.