Assistance with Probate

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Probate is the legal process overseen by the court in which a decedent's property is distributed to the heirs and beneficiaries.   During the probate process, the executor will pay the estate’s debts and final taxes, resolve any litigation brought by beneficiaries, heirs, or creditors, and transfer estate assets to their new owners 

Probate typically takes several months from first filing a petition with the court to receiving an order closing the estate.  There is a mandatory period of four months in Iowa and six months in Missouri to allow creditors to make claims in the estate. The exact length of time depends on a number of factors, such as how many assets need to be sold, if there is unknown property that has to be located, and, of course, if anyone is challenging a will.

A decedent's will has to be filed with the court.  If an estate needs to be opened, a petition will be filed with the will asking the judge to admit the will to probate and appoint the executor that is nominated in the will.

If someone dies without a will, someone will need to file a petition asking to be appointed as the administrator of the estate.  The spouse may first request to be appointed, then children, and then other interested parties.  If a will does not exist directing who will received the deceased person's property, it will be distributed according to the intestate statutes.  This means it first goes to the decedent's spouse, if they have one, then their children, then to living parents, then siblings, and then uncles, aunts, and cousins. If someone has a spouse and children from someone other than the spouse, the estate is split between the spouse and the children.

If someone dies without a will, someone will need to file a petition asking to be appointed as the administrator of the estate.  The spouse may first request to be appointed, then children, and then other interested parties.  If a will does not exist directing who will received the deceased person's property, it will be distributed according to the intestate statutes.  This means it first goes to the decedent's spouse, if they have one, then their children, then to living parents, then siblings, and then uncles, aunts, and cousins. If someone has a spouse and children from someone other than the spouse, the estate is split between the spouse and the children.

An executor is someone who is nominated in a will to oversee the distribution of someone's estate when the die.  An administrator is the title of someone who is appointed by the court to oversee an estate when there is no will naming an executor.  An executor and an administrator may be referred to as a personal representative.

No, no one is required to serve as an executor.  If you are unable to serve as executor or simply don't want to, you may file a declination to serve.  Then, if the will nominates a successor executor, that person may be appointed if they are willing to do so.  If the will doesn't name someone else, the court may appoint someone to serve as personal representative of the estate, likely at the request of one or more beneficiaries.

Yes, executors and administrators are entitled to a fee for the work they do in administering an estate.  The amount will likely depend on the size of the estate and the amount of work involved.  All fees must be approved by the probate court.

Probate fees are typically paid by the estate at two points.  The first half is usually paid when the report and inventory is filed with the probate court, which is a listing of all the property owned by the decedent, and the second half is paid after the final report is filed.

The fees for attorneys, executors or administrators, and other expenses of the estate, such as court costs, are paid from the estate assets.  The heirs and beneficiaries of an estate and not responsible for payment of these fees.

The deceased person's estate is responsible for paying their dates, as well as any taxes owed, after a person dies.  The heirs and beneficiaries of a person, typically a spouse or children, are not responsible for the debts of the decedent, unless it is a loan or other obligation the surviving family member has agreed to owe.

The executor or administrator may choose the attorney they wish, provided they are licensed in the state in which the estate is being probated.  The choice of attorney is always at the client's discretion and if you wish to change attorneys, you may do so.

Iowa and Missouri do not have inheritance taxes that heirs or beneficiaries must pay (although Iowa did have such a tax prior to January 1, 2025, see next question for more).  There is a federal estate tax for estates with assets over $13.99 million for a single individual and $27.98 million for couples.  Heirs and beneficiaries may pay tax on receipt of some assets, such as 401k's, IRA's, and tax deferred bonds, but overall the money inherited is not treated as income for tax purposes.

Iowa no longer has an inheritance tax for estates of people who die after January 1, 2025.  For people who died prior to January 1, 2025, an inheritance tax may still be applicable.  However, spouses and lineal descendants and ascendants are exempt from Iowa inheritance tax.  This means your spouse, children and grandchildren, and parents are exempt from payment of Iowa inheritances taxes. Others, such as siblings, friends, and organizations may be taxed, the amount depending on the relationship and the year in which the person died.