§ 633.231 — Notice in intestate estates — medical assistance claims

Iowa § 633.231

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633: PROBATE CODE

Text

1. Upon opening administration of an intestate estate, the administrator shall, in
accordance with section 633.410, provide by electronic transmission on a form approved by
the department of health and human services to the entity designated by the department
of health and human services, a notice of opening administration of the estate and of the
appointment of the administrator, which shall include a notice to file claims with the clerk

or to provide electronic notification to the administrator that the department has no claim
within six months from the date of sending this notice, or thereafter be forever barred.
2. The notice shall be in substantially the following form:
In the District Court of Iowa
in and for .................... County.
In the Estate of Probate No. ................
...................., Deceased
NOTICE OF OPENING
ADMINISTRATION OF
ESTATE, OF APPOINTMENT OF
ADMINISTRATOR, AND
NOTICE TO CREDITOR
To the Department of Health and Human Services Who May Be
Interested in the Estate of ...................., Deceased, who died on or
about ........................ (date):
You are hereby notified that on the ........ day of ............ (month),
............ (year), an intestate estate was opened in the above-named
court and that .................... was appointed administrator of the
estate.
You are further notified that the birthdate of the deceased is
............ and the deceased’s social security number is...-...-.... The
name of the spouse is ................................. The birthdate of the
spouse is ............ and the spouse’s social security number is...-...-....,
and that the spouse of the deceased is alive as of the date of this
notice, or deceased as of ........................ (date).
You are further notified that the deceased was/was not a disabled
or a blind child of the medical assistance recipient by the name
of ...................., who had a birthdate of ............ and a social
security number of...-...-...., and the medical assistance debt of
that medical assistance recipient was waived pursuant to section
249A.53, subsection 2, paragraph “a”, subparagraph (1), and is now
collectible from this estate pursuant to section 249A.53, subsection
2, paragraph “b”.
Notice is hereby given that if the department of health and
human services has a claim against the estate for the deceased
person or persons named in this notice, the claim shall be filed with
the clerk of the above-named district court, as provided by law,
duly authenticated, for allowance, within six months from the date
of sending this notice and, unless otherwise allowed or paid, the
claim is thereafter forever barred. If the department does not have
a claim, the department shall return the notice to the administrator
with notification stating the department does not have a claim
within six months from the date of sending this notice.
Dated this ........ day of ............ (month), ............ (year)
....................
Administrator of the estate
....................
Address
....................
Attorney for the administrator
....................
Address

Legislative History

[C51, §1407; R60, §2435; C73, §2452; C97, §3376; S13, §3376; C24, 27, 31, 35, 39, §12006, 12010; C46, 50, 54, 58, 62, §636.21, 636.25; C66, 71, 73, 75, 77, 79, 81, §633.236]