Thursday, July 31, 2008

Ancilliary Probate in Iowa - Out of State Resident

If a non-Iowa resident dies while owning property in the state of Iowa (or other states for that matter) will need to go through a process called "ancillary estate administration". It is necessary to have the probate proceedings started in the state where the decedent resided (called domicillary probate). Once a personal representative is appointed, certified copies of those pleadings are filed in Iowa, along with a Petition, Court Officer's Oath, confidential information form and Designation of Attorney. Notice is published and the probate process follows the typical probate administration as when an Iowa resident's estate is probated.

While it is not necessary to have an attorney, a qualified attorney can be helpful in providing direction and necessary forms for the administration.

4 comments:

Anonymous said...

Can you give me more info on a Nebraska person owning property in Iowa. No assets in Nebraska. Do I need to start a domiciliary in Nebraska before I begin an ancillary in Iowa?

Matthew Gardner said...

Iowa Code allows the matter to be probated here in Iowa. You do not need to go through Nebraska first.

"633.495 Admission of wills of nonresidents.
A will of a nonresident of this state, not probated in any other state or county, may be admitted to probate in any county of this state where either real or personal property of the deceased nonresident is located."

Anonymous said...

Thank you for your reply. Does it matter if there wasn't a will? Also the property is with others listed as "tenants in common."

Matthew Gardner said...

Now that appears to be different. Iowa Code looks to require an appointment in that state first. Not too sure why it is different. FYI - word for today is "intestate" essentially meaning individual died without a will.

633.500 Appointment of foreign administrator.
Notwithstanding any other provision of this probate code, if administration of the estate of a deceased intestate nonresident has been granted in accordance with the law of the state where the nonresident resided, the duly qualified administrator of the estate of the nonresident may upon application be appointed administrator in this state, unless another has already been appointed and provided that a resident administrator be appointed to serve with the nonresident administrator; provided further, however, that for good cause shown, the court may appoint the nonresident administrator to act alone without the appointment of a resident administrator.