Overview
Boone County is located in Iowa with a population of approximately 26,700. The Iowa District Court for Boone County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Iowa probate is governed by the Iowa Probate Code (Chapter 633). The process begins with filing a Petition for Probate of Will and Appointment of Executor to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Iowa offers a simplified procedure for small estates. If the gross value of the estate's personal property is $50,000 or less, a Small Estate Affidavit may be used to transfer assets without full probate. For estates up to $200,000, a simplified administration process is available.
Iowa law sets statutory fees for personal representatives and attorneys. Both the executor and the attorney are entitled to a fee equal to approximately 2% of the gross assets of the estate (excluding life insurance payable to a beneficiary and joint tenancy property).
This guide provides an informational overview of the Boone County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Iowa District Court for Boone County
Probate matters in Boone County are handled at the Boone County Courthouse.
Address: 201 State Street, Boone, IA 50036
Phone: (515) 433-0561 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is located within the courthouse and manages all probate filings.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property only and is valued at $50,000 or less, you may be able to use an affidavit to transfer assets 40 days after death.
- Designated Beneficiaries: Assets with named beneficiaries (POD/TOD), joint tenancy with rights of survivorship, and life insurance policies generally bypass probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Iowa District Court for Boone County. Include:
- Original Will (if applicable)
- Confidential Information Form
- Certified Death Certificate
- Filing fee (approximately $195)
- Proposed Order Appointing Administrator/Executor
Iowa requires mandatory e-filing (EDMS) for attorneys. Pro se litigants are also encouraged to use the electronic system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Boone County for two consecutive weeks. This triggers the creditor claim period.
Step 4: Attend the Hearing
The court will review the petition. In many routine cases, if all documents are in order and waivers are filed, a formal hearing may not be required. If approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (creditors have 4 months from the second publication to file claims)
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed (including Iowa inheritance tax if applicable)
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Boone County-Specific Procedures
- Mandatory E-Filing: All filings must be submitted through the Iowa Electronic Document Management System (EDMS).
- Probate Referee: A probate referee is typically appointed to appraise estate assets unless waived by the court and beneficiaries.
- Interlocutory Reports: If the estate is not closed within 18 months, the personal representative must file an interlocutory report explaining the delay.
- Publication: Notice must be published in a newspaper of general circulation in Boone County for two consecutive weeks.
Consult the local court rules for the Second Judicial District for specific formatting and procedural requirements.
Timeline & Fees
Filing Fees (Boone County)
- Petition for Probate: approximately $195
- Court Costs: Based on the value of the estate (statutory court costs)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$150 depending on the newspaper
- Probate Referee Fees: Based on a statutory schedule (if utilized)
Iowa law allows executors and attorneys to each charge a fee of approximately 2% of the gross estate value for ordinary services. Extraordinary services may justify additional fees.
Payment Methods
The court accepts credit cards (via EDMS), checks, or cash.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 3 years
The creditor claim period is 4 months from the date of the second publication of notice.
Local Resources
Boone County Court Resources
- Court Website: iowacourts.gov
- Iowa Probate Forms: Iowa Judicial Branch Forms
Legal Aid and Attorney Referrals
- Iowa State Bar Association: (515) 243-3179 — Provides legal resources and attorney information.
- Iowa Legal Aid: (800) 532-1275 — Assistance for qualifying low-income residents.
- Iowa Find-A-Lawyer: iowabar.org
Publication
- Boone News-Republican: (515) 432-1234 — Newspaper of general circulation.
- Ogden Reporter: (515) 275-2101 — Local newspaper for legal notices.