If my adult daughter died and her husband is in federal prison., how does probate start?

Asked on October 23, 2014 under Estate Planning, Iowa


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  The Iowa Probate Code is specific about who can start the estate process. If she died with a Will then the person listed as the proposed Executor is the person to submit the Petition for Probate. If that person can not serve then any interested person can do so.  You would be an "interested person." If she died with out a Will then the surviving spouse as well as heirs, creditor and any person showing "good cause" can seek appointment from the Court. You have a strong case for being appointed but I would check with an attorney about the best way to go forward.  Good luck.


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