Probate Lawyer Des Moines, IA
Experienced Assistance With Probate
If you’re looking for a Des Moines, IA probate lawyer, you’ve come to the right place. Law Group of Iowa is ready to help – and while probate can be a challenging and stressful process for everyone involved, we’re committed to making sure things go smoothly for heirs, beneficiaries, and anyone else affected by your loss.
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Understanding Probate
Probate can be a bitter and lengthy ordeal, and for good reason: Probate is the process of dividing and distributing the estate of the deceased, and depending on the size of the estate and the details of the will, it can be almost impossible to fully understand each step. Probate is full of hoops to jump through and unexpected twists, so there’s plenty of opportunity for extra headaches along the way. Legal challenges, complications, infighting – and all before assets are even distributed.
Handling an estate without a will is a nightmare. Handling an estate with a will is a slightly more comfortable nightmare. There’s no denying that a will is an important document. Your loved ones should know what to do after your death. But there’s still lots of opportunities for fighting and drama, all during a time that would be better spent grieving. Fortunately, our probate attorney in Des Moines, IA can help you keep the bad blood to a minimum.
Reasons to have a probate lawyer
There are multiple reasons hiring our probate lawyers is worth considering, including:
Most of our clients tell us the probate court tends to assume you know what you’re doing and is reluctant to answer your questions. Taking on probate is assuming a large responsibility that is much more complicated than most people recognize.
- If the family is likely to argue about how the estate is to be handled, having our probate attorney will make your life much easier.
- Wills often use language that, from a lay person’s of view, is unclear. Our wills attorney will be able to help that issue get sorted out.
- Estates with a large value often benefit from legal help.
- If the estate involves the transfer of a business, our estate planning lawyer who knows the ropes is likely to be more than helpful.
- When the estate results in a dispute with a creditor having our experienced attorney on your side will often be able to help you get it sorted out quickly. If the estate can’t pay legitimate debts, having our attorney representing you is likely to result in a truly fair settlement.
- Local services, taxes and federal taxes may be involved and the right probate attorney can help you understand what is needed.
- Real estate transfers, especially between counties and/or states may require our probate attorney.
How Our Probate Lawyer Can Help You
In the simplest terms, our probate professional specializes in estate administration. Iowa probate is broken up into several steps:
- Each will needs to be verified as conforming to Iowa state requirements
- Beneficiaries need to be informed that the will has been submitted
- Assets need to be found, and value needs to be determined
- Debts, fees, etc. need to be paid off
- And finally – after all of that – assets can be distributed between beneficiaries
These steps can be quite the process. And each one of these steps generates paperwork, which should be filled and filed out by our probate lawyers. Probate is not a simple matter, and to make things worst, there is always the opportunity for a demanding or vindictive family member (or other beneficiary) to try and challenge the legitimacy of the will, and to sue for assets they feel they deserve more than anyone else. Having legal guidance can prevent any of that from happening.
Tips for Handling Any Legal Case
- Be Honest With Your Legal Team
No matter what you’re dealing with, honesty is always the best policy. When working with our estate planning attorney, be consistent and transparent in all the information you share with us. Answer any questions as truthfully as possible and do not withhold any details our legal team asks for. The more truthful you are about your situation, the better our lawyer can assist you.
- Don’t Ignore Communications From Your Lawyer
Chances are, our legal team will be reaching out to you with phone calls, emails and letters throughout the proceedings of your case. Don’t ignore any of these communications. We are likely reaching out to share important updates on your situation, so it’s in your best interest to be as informed as possible. If our professionals at the Law Group of Iowa send you any legal documents, keep them and make copies if you’re able to.
- Don’t Share Details of Your Case or Estate
Often, sharing details about your case can come back to harm you in a lot of ways. You may end up disclosing unnecessary information, which can quickly spread around — if this happens, other parties may get ahold of these vital details and attempt to use them against you later in court or during a settlement. The safest option you have is to keep the details of your legal case or estate strictly between yourself and our probate attorney. If you’re ever in a situation where someone (such as local law enforcement) inquires about your situation, do not share any details without having our lawyer present.
- Keep Records of Everything
Having a clear, concise record of every aspect of your legal proceedings can help you in a lot of unforeseen ways. You may need certain pieces of information later that is only accessible via important documents, or you may be asked to provide records as evidence to support your case. Either way, keep and copy any documents you have that relate to your case in any way. Even if you’re not sure if a document is necessary to supporting your situation, keep it anyway. If you can, make copies in case the originals are lost.
- Don’t Wait to Take Action
The longer you wait to get in contact with our professionals at the Law Group of Iowa, the less likely your case is to succeed. Don’t procrastinate; take action as soon as possible to secure your future.
Des Moines Probate Infographic
Des Moines Probate FAQs
Does the State Get Everything if Someone Passes Without a Will?
Nearly any probate lawyer in Des Moines, IA, will tell you that each state has its laws for handling an estate if the deceased had no will. The state will usually divide assets up between the next of kin, which is usually the deceased’s spouse or children. If no living relatives can be found, the state may take the assets.
Will the Cost of Probate Outweigh the Estate’s Value?
Many people worry that probates are expensive and may ultimately cost more than what the estate is worth. In reality, most probate cases don’t require any proceedings; if they do, these costs typically account for less than 5% of the entire estate.
Is the Oldest Child Automatically Entitled To Be Their Parent’s Executor?
Rarely is this the case. If the deceased parent names an executor, the eldest child has no say; if they didn’t, the state will approach the next of kin to become executor, and a living spouse is usually first in line. Without a living spouse, the Law Group of Iowa will move on to children. Once this happens, the children can either designate a single person to represent them all or they can choose to be co-executors.
Do I Have to Leave Anything to My Spouse?
You’re not legally obligated to leave anything to your spouse, and many couples may choose to leave very little for each other in their will. This is fine as long as both parties are in continual agreement. If one spouse changes their mind after their partner passes away, they have the right to refuse what their spouse left them in favor of the elective share of the estate.
How Long Does It Take to Probate an Estate?
The length of an estate settlement can vary based on a lot of factors, but most take anywhere from a few months to a year. If the deceased has ongoing income following their death or an especially large estate, it may take our estate planning lawyer longer to settle everything. The same goes for any probate attorney in Des Moines, IA, if the family frequently quarrels over assets.
Does a Last Will Need to Be Notarized?
Every state is different, but in some cases, the document does not need to be notarized. In California, for example, the last will only needs to be signed by the testator and two witnesses.
Probate Law Glossary
When working with a Des Moines, IA probate lawyer, you’re likely to encounter specific legal terms that can be unfamiliar or confusing. Whether you’re administering an estate, handling disputes, or interpreting a will, it’s important to understand the core vocabulary involved in probate proceedings. This glossary defines key terms related to probate law to help you stay informed and prepared throughout the process.
Verified Will
Before a will can be honored by the probate court, it must be verified. This means the court must confirm the will meets all legal requirements under Iowa law. A verified will typically needs to be signed by the testator and two qualified witnesses. Without verification, the court cannot proceed with distributing assets, even if the will appears clear. Verification is one of the earliest steps in probate and often involves comparing the document to statutory formalities, like proper execution and witness acknowledgment.
Executor Appointment
The executor is the individual responsible for managing the estate during probate. If the deceased named someone in their will, the court typically confirms that person through formal appointment. If no executor was named, or if the named person is unwilling or unable to serve, the court selects an appropriate representative—usually a spouse or adult child. Once appointed, the executor handles notifying beneficiaries, managing estate assets, paying debts, and ultimately distributing what remains according to the will or applicable laws.
Estate Inventory
An estate inventory is a detailed listing of everything the deceased owned at the time of their passing. This includes personal property, bank accounts, real estate, and business interests. The executor or personal representative is responsible for collecting and documenting all these assets, often with assistance from financial institutions, realtors, or appraisers. Submitting an accurate inventory to the probate court is required to establish the estate’s value, confirm ownership, and prepare for tax responsibilities or creditor claims.
Creditor Claim Resolution
One of the most important responsibilities during probate is handling debts owed by the estate. Creditors are allowed to submit claims, but they must do so within a specific timeframe outlined by Iowa probate law. The executor evaluates each claim to determine if it’s valid. If there are not enough assets to cover all debts, the executor must prioritize claims based on legal order. This process helps prevent disputes later and protects the beneficiaries from personal liability.
Asset Distribution
Asset distribution is the final stage of the probate process. Once all debts, taxes, and court-approved fees are paid, the remaining estate can be distributed to the named beneficiaries. This process must follow the exact instructions outlined in the verified will, unless a challenge is raised or the will is found invalid. If no will exists, Iowa intestacy laws determine who receives what. Asset distribution may also include transferring real estate deeds, closing accounts, and formally reporting all transactions to the probate court.
Each of these steps plays a critical role in managing an estate through probate. Without accurate documentation, timely court filings, and knowledge of Iowa’s probate rules, the process can become drawn out and contentious. A trusted legal team can assist with interpreting wills, preparing inventories, communicating with the court, and resolving disputes between parties.
We handle every phase of probate with precision, and we’re ready to help guide you forward. If you’re facing a probate situation, reach out to the Law Group of Iowa to learn how we can assist with estate management and beneficiary support.
Let us help you make probate less overwhelming—contact our team today to schedule a consultation.
Law Group of Iowa, Des Moines Probate Lawyer
5601 Hickman Rd Suite 3B, Des Moines, IA 50310
Contact Our Des Moines Probate Lawyer Today
Probate can be a stressful process – but it doesn’t have to be. If you have the right probate lawyers on hand, you can be sure that each step will be properly executed and documented, and you can rest easy knowing there’s less room for any sort of legal challenge when it comes time to process the will left behind by your loved one.
There’s a mountain of paperwork to process, and a delicate dance between the state, the estate, the beneficiaries, and you. It’s up to a probate lawyer to make sure your estate plan runs smoothly, to make sure there are no unpleasant surprises, and to make sure you have time to properly grieve. Instead of focusing on paperwork and legal red tape, reach out to Law Group of Iowa today, and see how our Des Moines probate lawyer can help you.
When a loved one dies, their estate must be probated in order to make sure that their final wishes are carried out. This process can be complicated and confusing, especially for those who have never gone through it before. That is why it is important to consult with our estate planning lawyers. We can help you understand the process and answer any questions you may have.
