Making Sense of Probate Appeals

Probate Appeals Explained

Iowa Code § 633.20D affirms parties in probate proceedings “are entitled to appeal a [judicial] order, finding, or decision.” The statue further holds a probate court’s judgment will “automatically stay in effect” until the appellate court overturns it.

Judges at the Iowa Court of Appeals in Des Moines review probate court appeals when the Supreme Court of Iowa sends them down for intermediate judicial review.

The Court likewise renders final verdicts on probate appeals unless in the unlikely event the Iowa Supreme Court grants the appellant’s case certiorari.

Probate Appeal Deadlines

Appellants must file an electronic notice of appeal in the court that ruled on their probate issue, and the courts must receive such notice no later than thirty days after the lower court renders its final order or judgment. [Iowa Rules of Appellate Procedure Rule 6.101(1)(b)]

The Smith Law Firm registers electronic probate appeal applications in proper venues. We also counsel appellants on the complex rules and procedures of probate appeals before their claim ends up in court.

Probate Appeal Representation

Appellants may represent themselves in probate appeal hearings but most individuals who do often incorrectly argue important legal issues and make major procedural errors, mistakes that usually reduce their chances of obtaining favorable judgments.

Because of the complex nature of the appeal process, the attorney who lost the case in probate court often represents their client’s appeal. Trial lawyers however sometimes lack the practice or manpower to work probate appeals.

The probate professionals at Smith Law in Iowa specialize in litigating appeal claims across the state, so it’s not uncommon when trial lawyers team up with us to work their probate appeal caseloads.

Probate Appeal Procedures

The Iowa Supreme Court will consider if the “difficulty or complexity” of the appellant’s case calls for an oral argument hearing; otherwise, the appellant court will resolve the probate appeal handed down in a closed session.

Appellant judges will likewise only consider the lower court’s record on rulings and decisions made in matters of law.

In other words, the Court examines whether the lower court interpreted the law correctly on  procedure issues or arguments made during probate proceedings. Appellant judges therefore will not look at new evidence of fact during their review, except in the rarest of circumstances.

After appellants file their notice of appeal, they must wait at least three to six months from the date the Supreme Court transfers their claim down to the Court of Appeals to receive a binding decision, although complicated probate appeals may take much longer to decide.

The Court will only review the lower court’s records, which include evidence, testimony and transcripts presented during probate proceedings.

Yes. If the Supreme Court of Iowa allows appellant judges to hear oral arguments on your probate appeal, anyone with permission from the Court may attend.

The Court of Appeals decision is final unless the Iowa Supreme Court chooses to examine it. The Supreme Court however almost never grants certiorari for probate appeals in Iowa.