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PROCEDURE FOR OPENING ADMINISTRATION OF INTESTATE ESTATES

Iowa Code tit. XV, ch. 633, subch. IV, pt. 2
in effect

Iowa Code § 633.227 Administration granted.

633.227. Administration granted. Where there is no will, administration shall be granted to any qualified person on the petition of: 1. The surviving spouse; 2. The heirs of the decedent; 3. Creditors of the decedent; 4. Other persons showing good grounds therefor. [C51, §1311, 1312; R60, §2343, 2344; C73, §2354, 2355; C97, §3297; C24, 27, 31, 35, 39, §11883; C46, 50, 54, 58, 62, §633.39; C66, 71, 73, 75, 77, 79, 81, §633.227]

Iowa Code § 633.228 Time allowed.

633.228. Time allowed. 1. To file such petition, there shall be allowed, commencing with the death of the decedent: a. To the surviving spouse, a period of twenty days. b. To each other class in succession, a period of ten days. 2. The period allowed each class shall be advanced to the period allowed the preceding class if there is no member of such preceding class. Any member of any class may file such petition after the expiration of the period allowed to the member if letters have not been issued prior thereto. [C51, §1313; R60, §2345; C73, §2356; C97, §3298; C24, 27, 31, 35, 39, §11884; C46, 50, 54, 58, 62, §633.40; C66, 71, 73, 75, 77, 79, 81, §633.228] 2013 Acts, ch 30, §191

Iowa Code § 633.229 Petition for administration of an intestate estate.

633.229. Petition for administration of an intestate estate. The petition for administration of an intestate estate shall contain the following: 1. The name, domicile and date of death of the decedent. 2. If the decedent was domiciled outside the state at the time of the decedent’s death, a statement that the decedent had property within the county in which the petition is filed, or any other basis for jurisdiction in such county. 3. The name and address of the surviving spouse, if any, and the name and address of each heir so far as known to the petitioner. 4. The estimated value of the personal property of the estate plus the estimated gross annual income of the estate during the period of administration. [C66, 71, 73, 75, 77, 79, 81, §633.229]

Iowa Code § 633.230 Notice in intestate estates.

633.230. Notice in intestate estates. 1. In intestate matters, the administrator, as soon as letters are issued, shall cause to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending, and at any time during the pendency of administration that the administrator has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, provide by ordinary mail to each such claimant at the claimant’s last known address, a notice of appointment which shall be in substantially the following form: In the District Court of Iowa in and for County. In the Estate of Probate No. , Deceased NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS To All Persons Interested in the Estate of , Deceased, who died on or about (date): You are hereby notified that on the day of (month), (year), the undersigned was appointed administrator of the estate. Notice is hereby given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred. Dated this day of (month), (year) .................... Administrator of the estate .................... Address .................... Attorney for the administrator .................... Address Date of second publication day of (month), (year) (Date to be inserted by publisher) 2. An action based upon the failure to give notice by mail required by this section, section 633.304 or 633.305, to heirs of a decedent or to persons known by the personal representative to own or possess a claim in any estate in which the personal representative was discharged prior to July 1, 1989, shall not be maintained in any court in this state unless commenced prior to July 1, 1991. [C66, 71, 73, 75, 77, 79, 81, §633.230] 84 Acts, ch 1080, §1, 2; 89 Acts, ch 35, §2; 90 Acts, ch 1036, §1; 2000 Acts, ch 1058, §66; 2016 Acts, ch 1073, §170; 2017 Acts, ch 29, §161

Iowa Code § 633.231 Notice in intestate estates — medical assistance claims.

633.231. Notice in intestate estates — medical assistance claims. 1. Upon opening administration of an intestate estate, the administrator shall, in accordance with section 633.410, provide by electronic transmission on a form approved by the department of health and human services to the entity designated by the department of health and human services, a notice of opening administration of the estate and of the appointment of the administrator, which shall include a notice to file claims with the clerk or to provide electronic notification to the administrator that the department has no claim within six months from the date of sending this notice, or thereafter be forever barred. 2. The notice shall be in substantially the following form: In the District Court of Iowa in and for County. In the Estate of Probate No. , Deceased NOTICE OF OPENING ADMINISTRATION OF ESTATE, OF APPOINTMENT OF ADMINISTRATOR, AND NOTICE TO CREDITOR To the Department of Health and Human Services Who May Be Interested in the Estate of , Deceased, who died on or about (date): You are hereby notified that on the day of (month), (year), an intestate estate was opened in the above-named court and that was appointed administrator of the estate. You are further notified that the birthdate of the deceased is and the deceased’s social security number is...-...-.... The name of the spouse is . The birthdate of the spouse is and the spouse’s social security number is...-...-...., and that the spouse of the deceased is alive as of the date of this notice, or deceased as of (date). You are further notified that the deceased was/was not a disabled or a blind child of the medical assistance recipient by the name of , who had a birthdate of and a social security number of...-...-...., and the medical assistance debt of that medical assistance recipient was waived pursuant to section 249A.53, subsection 2, paragraph “a”, subparagraph (1), and is now collectible from this estate pursuant to section 249A.53, subsection 2, paragraph “b”. Notice is hereby given that if the department of health and human services has a claim against the estate for the deceased person or persons named in this notice, the claim shall be filed with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, within six months from the date of sending this notice and, unless otherwise allowed or paid, the claim is thereafter forever barred. If the department does not have a claim, the department shall return the notice to the administrator with notification stating the department does not have a claim within six months from the date of sending this notice. Dated this day of (month), (year) .................... Administrator of the estate .................... Address .................... Attorney for the administrator .................... Address 2001 Acts, ch 109, §1; 2002 Acts, ch 1119, §97; 2007 Acts, ch 134, §11; 2010 Acts, ch 1137, §4; 2011 Acts, ch 34, §139; 2016 Acts, ch 1073, §171; 2023 Acts, ch 19, §1275
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633&year=2026Fetched: 10/20/2026

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