no need to leave your home to receive legal consultations and services - Call or click to learn more about phone and videoconferencing with our attorneys

Iowa Probate Claims Explained

Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
January 7, 2020

In this article, we will address Iowa probate claims. Our Iowa probate attorneys will answer:

  • What is probate litigation in Iowa?
  • What is the deadline to file a probate claim in Iowa?
  • How to file a probate claim in Iowa

What Is Probate Litigation in Iowa?

There are many issues that can make litigation necessary during probate. These include:

Will contest

If a will is suspected to be invalid, it can be challenged by a trustee, beneficiary, or other interested party with legal grounds.

Guardianship contests

If guardianship wasn’t clear at the time of a testator’s death, it must be determined through probate litigation. This could refer to guardianship of an individual or an estate.

Probate claim

If a decedent passes with debt, his estate is responsible for paying them. However, the estate only has to pay for these debts if a credit makes a claim for the money while the estate is in probate. These claims must be properly filed to be validated by the court.

All cases of probate litigation require a petitioner to come forward, file a claim, and any substantial evidence. The burden of proof will always fall upon the petitioner in probate litigation.

What Is the Deadline to File a Probate Claim in Iowa?

Probate is often a long and drawn out process, but this doesn’t mean a claim can be brought against an estate at any time. In Iowa, a challenge to a trust or will must be brought against an estate within two years after the testator’s death. 

There are additional limitations to be aware of as well:

  • There is no limit to disputes within a will or trust if a testator is still living. The clock on the statute of limitations does not start until after the testator’s passing.
  • If a will isn’t found until several years after a testator’s passing, it can still be filed into probate once found.
  • If an heir or interested party is a minor when a will it put into probate, they are unable to challenge because of their age. Once they reach the age of majority, they have two years to file a contest if desired.


In Iowa, a required series of notification steps must take place to complete the probate process. 


After filing for probate, the executor of the estate must publish notice in a local newspaper. The notice must run for a minimum of two consecutive weeks. After the second week, there is a four-month period in which creditors can file a claim in the estate. 

If notices have been mailed to heirs or other potentially interested parties, they have 30 days to file a probate claim in Iowa.

How to File a Probate Claim in Iowa

A probate claim is filed with the clerk of court. A form will be required that alerts the court of an estate claim. You will need to detail your claims to an estate’s assets and provide evidence of your rights. 

A claim needs to be filed with all the correct paperwork in the probate court located in the jurisdiction where the testator died, not where the decedent executed the will.

Notice of Disallowance of a Probate Claim in Iowa

Once a probate claim is filed with the court, the representative of the estate has the option to either allow the claim and pay it out of estate assets or disallow the claim.  Disallowing a claim is essentially disputing the validity of the claim.  If the representative disallows the claim, he or she will send notice of disallowance to the claimant and his or her attorney of record by certified mail.  


Probate Claims Litigation in Iowa

If the representative of an estate disallows a creditor’s claim, the claimant will then have the option to file a request for hearing form with the clerk.  Ultimately, a hearing will be held, following the Iowa rules of civil procedure.  At the hearing, the claimant and the estate representative will have the opportunity to present evidence for and against the validity of the claim.  The court will then determine whether the estate representative must pay the claim from the estate.

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

What Is Probate Litigation in Iowa?

Need Legal Help? 

Schedule a
Consultation

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Probate & Estate Administration

We offer free, paid & Online CONSULTATION in:

Probate & Estate Administration

Schedule a consultation with our Illinois & Iowa Attorneys

We offer free, paid & online consultation in nearly every area of law throughout Illinois and Iowa. We have a range of options to assist you with your legal needs.

What happens at a legal consultation?
Meet with an attorney for a free consultation to discuss what type of matter you need to discuss with an attorney.
Over the Phone Legal Consultations
Similar to In-person consultations, you discuss your legal needs with our attorneys to discuss your matter.
An online consultation is like an in-person and an over the phone online Consultation. You meet face to face with our attorneys through our online portal.
Paid Legal Consultations
While a free consultation allows us to discuss what we can do in general terms for your legal matter, a paid consultation allows us to answer direct questions.
contact us

Monday to Friday
9am - 5pm

Contact Us
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you
Schedule a
Consultation

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers


loading ...
Naperville attorney
DuPage County Probate Attorney

Subscribe to our mailing list

* indicates required