Time Period to Administer a Probate Estate in Iowa
Iowa law limits the time period in which to administer an estate of an Iowa decedent. Iowa Code section 633.331. If an estate is not opened up within 5 years after death of the decedent, it will not be able to opened up. Iowa currently does not recognize any exception to this rule.
What does that mean? If there is a will and you wait more than 5 years after death before doing anything, you've waiting too long. Good luck on the headaches of transferring any assets at that point.
This doesn't mean that you always have to probate an estate, but if there are any possible assets that may need to be distributed, don't wait.
My sister and I co-executors of my fathers estate. My sister is named as having fiscal responsibility so both his daughters did not have to sign checks.He had real estate (owned by his dummy incorporation). My sister is refusing to open probate and me and the other heirs have been trying very hard to communicate with her and we are getting no where. What are our options?
The executor of my mother-in-law's estate was a friend of hers. She owned property abroad, and left a will detailing the disposition of her assets. Though the transfer of this property (to us) has not yet been completed (it is the final item), the executor and his lawyer have closed the estate. The last action taken on transferring the property was to send documents to an attorney in the foreign country, but no follow-up has been done, and no acknowledgement/response from that attorney has been received. How can it be that the estate was allowed to be officially closed with this distribution outstanding? What options do we have to resolve this? I appreciate your time and attention.
Probate can take anywhere from 6 months to 18 months (or longer), but on average around a year. The fees should not be greater than 2% of the estate.
Sir, My question is: My mother died in Iowa in 2008, my brother was named executor in the will. In July of this year he put it in probate. I understand that code 633.331 puts a time limit of 5 years. How is it possible to probate the will after the 5 years have pasted. And thanks for your time.
I need to add to my prior question on probate after 5 years. My mother had property in Iowa which she left to her children. The house has been vacant most of the time. Why my brother waited until now is a mystery. Order admitting the will and appointing executor has been filed along with certificate of approval of will. What effect will the will have since it's been longer the 5 years.
I'm guessing the Judge may not be familiar with this code section. Not too sure what the "effect" will be. For example, a title examiner if you try to sell the property may object. Or, it is possible all could sail through without any problems. This is one of those situations where "the law says this", but until anyone objects, it could slide under the radar.
HOWEVER (and this is a big however), if your ex owned the assets jointly with his wife or if he had her as the beneficiary (e.g., life insurance), then nothing passes by intestate (or the will) but it passes as a result of the joint ownership or beneficiary designation.