Effective for estates of decedents dying on or after July 1, 2020, Iowa law also provides
for small estate administration when the gross value of the probate assets of a decedent
is less than $200,000.00 upon a petition of an authorized petitioner. IOWA CODE §
635.1. Where there is no will, a petition for small estate administration may be made
by a surviving spouse, heirs of the decedent, creditors of the decedent, or any other
persons showing good grounds therefor; if there is a will, such a petition may be
filed by any interested person. IOWA CODE §§ 633.227, 633.228, 633.290, 635.1.
The petition for the administration of a small estate must contain:
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the name, domicile, and date of death of decedent;
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the name and address of the surviving spouse;
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the name and relationship of each heir so far as known to the petitioner in an intestate
estate;
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whether the decedent died intestate or testate, and, if testate, the date the will
was executed;
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a statement that the probate assets of the decedent subject to the jurisdiction of
this state do not have an aggregate gross value of more than $200,000.00 and the approximate
amount of personal property and income for the purposes of setting a bond; and
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the name and address of the proposed personal representative.
IOWA CODE § 635.2.
Upon petition of an authorized petitioner, the clerk shall issue letters of appointment
for administration to the proposed personal representative named in the petition,
if qualified to serve or upon court order. IOWA CODE § 635.1.Once the court appoints
an authorized petitioner as the personal representative, they shall take possession
of all the personal property of the decedent , except the property exempt to the surviving
spouse. IOWA CODE § 633.351. The personal representative may maintain an action for
the possession of such real and personal property or to determine the title to any
property of the decedent. IOWA CODE § 633.351.
References: IOWA CODE § 633.227 (effective 1963 to present), § 633.228 (effective
July 1, 2013, to present), § 633.290 (effective July 1, 2013, to present), § 633.351
(effective July 1, 2012, to present), § 635.1 (effective July 1, 2020, to present),
§ 635.2 (effective July 1, 2018, to present).