Probate: What to expect
Probate is less painful than you might expect. We’ll guide you through the process, answer your questions, provide an upfront fee estimate and timeline, and get the estate closed as soon as possible.
When you work with Hope Wood, JD, and her team for probate administration, you can expect:
The estate to open as soon as possible
The estate to close as soon as all the statutory requirements have been completed
Comprehensive, customized guidance throughout the process
Quick responses to emails and other communications
Access to your attorney
Easy-to-follow instructions without legal jargon
The Probate Process
Step 1
Getting Started
Submit an online intake form describing your situation.
If it is a contested case, we will refer you to a list of qualified litigation attorneys.
If the case isn’t contested, we will review your intake and will make a determination if your intake is approved.
If your intake is approved, you will receive a link to schedule a complimentary virtual consultation. During the consultation, you will be provided with the overall probate process, the estimated timeline to open and close the estate, and answers to your questions.
After the consultation, within approximately 24-48 hours, you’ll receive an engagement letter that lists the services to be provided and the flat fee for the case.
Step 2
Taking Action
Sign the engagement letter, get appointed as executor, and prepare the estate inventory.
After you sign the engagement letter, Hope and her team will prepare documents that request the court to appoint you as executor of the estate.
Once the court appoints you as executor, we will complete the required notices. One of those notices is a publication in the local newspaper to notify unknown creditors. Iowa law requires estates to remain open for 4 months from the date of the second publication.
After the estate is open with the court, we’ll help you prepare the estate inventory, a list of all of the assets owned by the deceased (the decedent). This includes assets that are solely owned, jointly owned, or that pass by beneficiary designation.
Note: If real estate was owned solely by the decedent, it can be transferred or sold during the probate process. If the real estate will be transferred, a retainer will be required.
Sticking points
In some circumstances, it may take a year or more before the court allows the estate to close. This might occur when:
The bond is not waived in the will or there isn’t a will.
The will isn’t self-proving and witnesses need to be located to sign an affidavit.
A creditor claims against the estate.
Real estate owned by the decedent takes time to clean out and/or to sell.
The beneficiaries are undecided about whether to buy the house or sell it.
Inheritance tax filings are required for non-lineal ascendants and descendants (through 2025). Lineal descendants are children and grandchildren, and lineal ascendants are parents and grandparents.
The decedent was required to file an income tax return for the year of death. The executor can’t file the return until the following year.
The Iowa Department of Revenue needs additional time to review the request for clearance of the decedent’s taxes.
Step 3
Closing
the estate
Receive the final report and get approval from the court.
After all the legally required steps have been completed, Hope and her team will prepare a final report, which is filed with the court and mailed to all interested persons.
For regular estates, (probate assets > $200,000), there is a 20-day waiting period for objections to the final report.
For small estates, (probate assets < $200,000) there is a 30-day period for objections.
When the window for objections closes, the court will enter an order approving the final report. After distribution of the estate’s assets. the court will discharge you as executor and close the estate.
After we receive the order to close the estate, we will inform you that you have crossed the finish line in your role as executor.
Executor's Workbook
Executor's Workbook
Complimentary Guide for Probate Clients
Our handy workbook outlines everything an executor or administrator needs to know about the probate process.
When you hire Hope Wood JD, you’ll receive a coil-bound copy of our step-by-step guide in the mail, plus a downloadable PDF.
Probate: What You Need to Know
Check out these resources to learn more about the probate process and what to expect when you hire our team.
“Hope did a great job handling the estate for my father who passed away in 2022. Her knowledge and expertise showed up in all aspects of process, which made a very difficult situation simple and easy. She is a true professional who made a difference for me and my family.”
— Craig R.