The case is In the Matter of the Estate of Mark D. Levine, No. 22-0654 (Iowa Ct. App. Feb. 8, 2023).
The decedent passed away intestate in Belize. He owned real estate in both Polk County and Belize, several financial accounts, and a life insurance policy. The decedent’s adult daughter petitioned to open an estate in Polk County. His surviving spouse, who is not related to his daughter, filed a motion to dismiss the petition claiming that the decedent had lived in Belize for many years before his death and, as a result, the probate court lacked jurisdiction. The probate court denied the spouse’s motion to dismiss and found “jurisdiction is proper in Polk County, Iowa….” The spouse appealed.
The probate court has jurisdiction over “…the administration, settlement and distribution of estates of decedents and absentees, whether such estates consist of real or personal property or both.” Iowa Code § 633.10(1). Additionally, the court has jurisdiction over any real property in the county owned by nonresidents. See Iowa Code § 633.12 (emphasis added). Therefore, the Court of Appeals affirmed that the probate court had subject-matter jurisdiction over the estate because the decedent owned real property in the county.
Ancillary Administration of an Estate
The surviving spouse also argued on appeal that Belize should have primary administration of the estate. However, she did not properly raise this question before the probate court. Thus, the Court of Appeals declined to answer it.
Generally, an estate will be administered by the county where the decedent lived prior to death. Iowa Code §§ 602.6101, 633.12. An ancillary estate may be opened for a “deceased intestate nonresident” to allow the transfer of the decedent’s real property owned in Iowa to the proper heirs. See Iowa Code § 633.500.
Ancillary probate, although necessary at times, can increase estate settlement costs because of the additional court and attorney fees in the second state. In some cases, revocable living trusts, joint ownership, and (if your state allows it) transfer-on-death deeds can be methods to transfer property without ancillary probate. Visit Estate Planning Basic for Farmers for more information on streamlining the distribution process.