Overview
Butler County is located in Iowa with a population of approximately 14,300. The Butler County District Court 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 (or Petition for Administration for intestate estates) 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 simplified procedures for smaller estates. A Small Estate Affidavit can be used if the gross value of the estate is $50,000 or less and includes no real estate (Iowa Code § 633.356). For estates valued at $200,000 or less, a simplified Small Estate Administration process is available under Chapter 635, which reduces court costs and publication requirements.
Iowa law sets statutory fees for attorneys and personal representatives, typically capped at approximately 2% of the gross estate value for ordinary services, plus expenses.
This guide provides an informational overview of the Butler 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
Butler County District Court
Probate matters in Butler County are handled at the Butler County Courthouse.
Address: 428 6th Street, Box 307, Allison, IA 50602
Phone: 319-242-3570 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is located within the historic Butler County Courthouse in Allison. The Clerk is responsible for maintaining all probate records and accepting filings.
Parking and Access
Free street parking is generally available around the courthouse square in Allison. The building is accessible to the public during business hours, with security screening at the entrance.
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 transfer assets via affidavit after a 40-day waiting period.
- Small Estate Administration: For estates valued at $200,000 or less, a simplified probate process (Chapter 635) is available.
- Trust administration: Assets held in a living trust generally do not require probate.
- Joint Tenancy/Beneficiary Designations: Assets owned jointly with rights of survivorship or with direct beneficiary designations bypass probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Butler County District Court. Include:
- Petition for Probate of Will (or Administration)
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $295)
- Court Officer Information Sheet
Iowa requires mandatory electronic filing (EDMS) for all attorneys and encourages it for self-represented litigants.
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 Butler County (e.g., Butler County Tribune-Journal) for two consecutive weeks.
- Creditors have 4 months from the date of the second publication (or 1 month from mailing notice) to file claims.
Step 4: Attend the Hearing
The court may schedule a hearing to admit the will and appoint the executor. In many uncontested cases, this can be done without a formal court appearance if all waivers are filed. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and pay valid claims.
- Inventory and appraise all estate assets within 90 days.
- File applicable tax returns (Iowa inheritance tax, federal/state income tax).
- Distribute assets to beneficiaries.
- File a Final Report and petition for discharge to close the estate.
Local Requirements
Butler County-Specific Procedures
- Electronic Filing (EDMS): Iowa utilizes a mandatory electronic filing system (EDMS) for all court documents. Self-represented litigants may register for EDMS or file in paper at the Clerk's office, where it will be scanned.
- Inheritance Tax: Iowa has an inheritance tax, though there are exemptions for lineal ascendants and descendants (parents, children, grandchildren). A return may still need to be filed to obtain a tax clearance.
- Publication: Notice must be published in a newspaper of general circulation in Butler County, such as the Butler County Tribune-Journal or Parkersburg Eclipse News-Review.
Always check with the Clerk of Court for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Butler County)
- Opening an Estate: approximately $295 (includes court costs and administrative fees)
- Small Estate Administration: Fees may be lower for Chapter 635 estates.
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$100 depending on the newspaper
- Annual Report Fees: Varies based on estate activity
Iowa law allows for statutory attorney and executor fees, typically capped at 2% of the gross estate value for ordinary services.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (via EDMS or at the counter). Convenience fees apply for card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Iowa is 4 months from the second publication of notice, which sets a minimum duration for the process.
Local Resources
Butler County Court Resources
- Court Website: Butler County Clerk of Court
- Probate Self-Help: Iowa Judicial Branch - Probate
- Iowa Probate Forms: Iowa Judicial Branch Forms
Legal Aid and Attorney Referrals
- Iowa State Bar Association: 515-243-3179 — Find a Lawyer
- Iowa Legal Aid: 1-800-532-1275 — iowalegalaid.org
Publication
- Butler County Tribune-Journal: 319-267-2731 — Official county newspaper
- Parkersburg Eclipse News-Review: 319-346-1461 — Local publication