Iowa Code 635.2 – Petition requirements
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Terms Used In Iowa Code 635.2
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- 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: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testate: To die leaving a will.
635.2 Petition requirements.
The petition for administration of a small estate must contain the following:
1. The name, domicile, and date of death of the decedent.
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 § 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. [C75, 77, 79, 81, §635.2; 81 Acts, ch 199, §2, 3]
89 Acts, ch 25, §2; 2007 Acts, ch 134, §22, 28; 2008 Acts, ch 1119, §35; 2017 Acts, ch 142, §1
– 3; 2018 Acts, ch 1140, §3, 6, 8
Referred to in §635.1
2017 amendments apply to petitions filed on or after July 1, 2017; 2017 Acts, ch 142, §3
2018 amendment applies July 1, 2018, to estates of decedents dying on or after July 1, 2018, and other estates opened previously and for which administration has not been completed as of July 1, 2018; 2018 Acts, ch 1140, §8
The petition for administration of a small estate must contain the following:
1. The name, domicile, and date of death of the decedent.
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 § 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. [C75, 77, 79, 81, §635.2; 81 Acts, ch 199, §2, 3]
89 Acts, ch 25, §2; 2007 Acts, ch 134, §22, 28; 2008 Acts, ch 1119, §35; 2017 Acts, ch 142, §1
– 3; 2018 Acts, ch 1140, §3, 6, 8
Referred to in §635.1
2017 amendments apply to petitions filed on or after July 1, 2017; 2017 Acts, ch 142, §3
2018 amendment applies July 1, 2018, to estates of decedents dying on or after July 1, 2018, and other estates opened previously and for which administration has not been completed as of July 1, 2018; 2018 Acts, ch 1140, §8