Take the Pain Out of Probate.
Probate is less painful than you might expect.
With over 250 cases administered in probate, Hope Wood JD can help you navigate the complicated process. We’ll guide you through the process, answer your questions, provide a flat fee and timeline, and get the estate closed as soon as possible.
Probate
Navigating a complex process.
When you lose a loved one, legal and inheritance issues are hardly the first things on your mind. And when complex topics arise, you may not feel emotionally equipped to handle them alone.
Fortunately, we can help you take care of the estate’s legal necessities as painlessly as possible, allowing you to focus on grieving and caring for your loved ones during this difficult time.
With compassion and respect as our guiding values, our goal is to help grieving families in Iowa close their loved ones’ estates with ease and peace of mind.
The Probate Process
1. Schedule a legal consultation.
Schedule a consultation with an attorney from Hope Wood, JD.
During the consultation, you will be provided with answers to your questions about the probate process, the estimated timeline to open and close the estate, and the flat fee for legal services.
2. Sign fee agreement, become executor, prepare estate inventory.
Once the court appoints you as executor, we will complete the required notices. One of those notices is a publication in the local newspaper to notify unknown creditors. Iowa law requires estates to remain open for 4 months from the date of the second publication.
3. Receive the final report and get approval from the court.
Hope and her team will prepare a final report, which is filed with the court and mailed to all interested persons.
When the window for objections closes, the court will enter an order approving the final report. After distribution of the estate’s assets. the court will discharge you as executor and close the estate.
What is probate?
Probate is a court-supervised procedure for transferring the assets of a deceased person if those assets don’t transfer by law or contract.
Under Iowa law, certain assets must go through probate, including property that was solely owned by the deceased person with no named beneficiary. A few examples include: a house with a single owner, single ownership bank accounts with no payable-on-death certificate, and investment accounts with no named beneficiary.
Probate can be a good thing if there is concern among family members that a will won’t be followed or that real estate may be sold at less than market value.
When you work with Hope Wood, JD and her team for probate administration, you can expect:
The estate to open as soon as possible
The estate to close as soon as all the statutory requirements have been completed
Comprehensive, customized guidance throughout the process
Quick responses to emails and other communications
Access to your attorney
Easy-to-follow instructions without legal jargon
Awesome experience with Hope Wood and her law office. Hope represented our family with the probate of my brother’s estate and did an outstanding job. She answered all our questions and concerns. Her court filings were timely and efficient. The process was so smooth that we finished the probate ahead of schedule. I cannot say enough about her knowledge and professionalism. I strongly recommend Hope Wood law office for any probate related legal services you may have.
“Hope represented our family with the probate of my brother’s estate and did an outstanding job. She answered all our questions and concerns. Her court filings were timely and efficient. The process was so smooth that we finished the probate ahead of schedule.”
-Ronald K.
In some circumstances, it may take a year or more before the court allows the estate to close. This might occur when:
Sticking Points
The bond is not waived in the will or there isn’t a will.
The will isn’t self-proving and witnesses need to be located to sign an affidavit.
A creditor claim against the estate.
Real estate owned by the decedent takes time to clean out and/or to sell.
The beneficiaries are undecided about whether to transfer the house or sell it.
The decedent has unpaid income taxes.
The decedent was required to file an income tax return for the year of death. The executor can file as early as February of the following year.
The Iowa Department of Revenue needs additional time to review the request for clearance of the decedent’s taxes.
Complimentary Guide for Probate Clients
Our handy workbook outlines everything an executor or administrator needs to know about the probate process.
When you hire Hope Wood JD, you’ll receive a coil-bound copy of our step-by-step guide in the mail, plus a downloadable PDF.
Free guide!
Common Questions About Probate
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It is ideal for probate to start within a few weeks of the decedent’s death. I recommend taking time to grieve and process the loss before jumping into the legal process of administering the estate.
If you have the original last will and testament, you can start as soon as you are ready; there is no legal requirement to start within a certain number of days from the date of death. If there isn’t a last will and testament, Iowa law (section 633) controls the process and distribution of assets.
A will must be probated within five years of the death of the decedent. (Iowa Code 633.331)
An executor or interested person can petition for probate of the will or of the estate at any time within three years of the death of the decedent. However, the later you file, the more difficult the administration will be for the executor.
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Yes! A will may be even more important if you’re unmarried. If all of your assets are titled or owned in your name and you do not have a will, they will transfer under Iowa intestate laws. If you don’t want your assets transferring to heirs as determined by Iowa law, then you will need a will and asset transfer plan.
A will allows you to gift belongings to other family members or friends. Or you may want to leave a charitable gift to your favorite nonprofit organization. A will and asset transfer plan alleviates the burden on your surviving friends and family because it describes your wishes for your personal belongings and assets.
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An executor is a person appointed by the court to administer the estate of a decedent who has a valid last will and testament (testate estate). The court will give preference to the executor named in the decedent’s will.
An administrator is a person appointed by the court to administer the estate when there isn’t a last will and testament (intestate estate).
Personal representative is a term that applies to both administrator and executor.
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This depends on each individual situation. In general, if there is a joint account holder, joint tenant, payable-on-death designee or designated beneficiary for all of your assets, then probate is not necessary under Iowa law.
If you have an account that is solely owned by you that is valued at less than $100,000, there is a small estate affidavit that can be used by your heirs to transfer the asset without court-supervised probate. This is not a guarantee, and the laws does change, so it’s best to have a plan for asset transfers at death.
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Hope Wood, JD, can handle your probate case without needing to meet in person.
An initial meeting is held by telephone or Zoom video conference.
Paperwork can be electronically signed or mailed with prepaid return postage.
Communications are ongoing through email, phone, Zoom video conference (optional), and mail.
You can have full legal representation without meeting in person.
Check out helpful resources on our blog.
Is Probate Bad?
Small Estates in Iowa
Do I Need a Probate Attorney?
Get the answers you need.
Have a question about estate planning, power of attorney, or probate? Reach out today and let us know how we can help you. We’ll get back to you as soon as possible.