Iowa Code 635.2 – Petition requirements
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The petition for administration of a small estate must contain the following:
1. The name, domicile, and date of death of the decedent.
Terms Used In Iowa Code 635.2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Heir: means a person, including the surviving spouse, who is entitled under the statutes of intestate succession to the property of a decedent. See Iowa Code 633D.2
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
- Testate: To die leaving a will.
2. The name and address of the surviving spouse.
3. The name and relationship of each heir so far as known to the petitioner in an intestate estate.
4. Whether the decedent died intestate or testate, and, if testate, the date the will was executed.
5. 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 the amount permitted under the provisions of section 635.1 and the approximate amount of personal property and income for the purposes of setting a bond.
6. The name and address of the proposed personal representative.