Court Denies Reopening of Estate by Granddaughter

August 26, 2009 | Erin Herbold

In Iowa, an executor of an estate must generally provide an accounting of all income and disbursements made during the probate process. However, if all parties agree, that requirement can be waived (Iowa Code §633.477(9)). 

Here, a grandmother died testate and left $3000 to her granddaughter. The granddaughter signed a document stating that she would be paid $3000 from the estate, but refused to sign an accompanying “family settlement agreement,” whereby she would relinquish her right to approve the final report and closure of the estate and waive the accounting requirements.  Despite her objections, the family agreement was approved by the trial court. 

Three months later, the granddaughter received a check for $3000 from the estate. A n accompanying letter indicated that she should sign a receipt and waiver of her rights under the will to request an accounting if she intended to deposit the check. The letter indicated that she was in receipt of a final report. However, the granddaughter never received that report and claimed that was the reason she was not returning the receipt and waiver or depositing the check. 

In July of 2007, the granddaughter learned that the estate had been closed. The following year, she filed a motion to reopen the estate and asked the court to review the payment of all bequests, to provide an accounting and provide her access to the final report. After hearing this, the former executor reissued a check for $3000 and the granddaughter accepted the money and signed a receipt.

The trial court denied her request to reopen the estate after the acceptance of the money. The appellate court agreed and accepted the trial court’s reasoning that by accepting the $3000 she assented to releasing her right to make claims and objections regarding the estate.  In re Estate of Griffieon, No. 9-547/08-1898 (Iowa Ct. App., Aug. 6, 2009)