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The submission of the original Will to the court in the county where the decedent last lived is fundamental in the process of transferring the decedent’s property to the survivors named in the Will. Probate administration also is the term used in the situation where the decedent passed away without a Will.
The law that sets forth the Iowa probate administration process and rules is embodied in the Iowa Probate Code (Chapter 633). The executor named in the Will is charged with selecting an attorney who handles probate matters and whose job is to advise the executor on what must be done in order to transfer property, pay final debts, expenses and taxes, and handle other probate administration issues in conformity with the Will and Iowa Probate Code. If an executor is not named, or the executor declines to serve in that capacity, any interested person may request the court appoint the interested person as the executor who then owes a duty to the estate and the court to ensure the estate is administered in compliance with the law.
As an attorney who handles probate administration, I recognize that dealing with the death of a family member or friend is unquestionably difficult. I listen to and advise the executor concerning all stages of the probate process. The probate process begins with the filing of a petition for administration along with the original Will. The Probate Code details the procedural steps that must be taken if the original Will cannot be found. I handle a range of probate issues, which may include the transfer, public or private sale of real estate, debts, the preparation of federal tax and beneficiary returns, gifts, conflict resolution in estate administration, and court trials in probate. Frequently, a person passes away without having executed a Will, and those instances, I help the heirs of the decedent understand the state laws of intestate succession and the manner in which property is to be distributed. Contact Melvin O. Shaw today for your Wills, trusts and probate needs.
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