Overview
Davis County is located in Iowa with a population of approximately 9,100. The Iowa District Court for Davis 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 (for testate estates) or a Petition for Administration (for intestate estates). The court then issues Letters Testamentary or Letters of Administration.
Simplified Procedures:
- Small Estate Affidavit: Available if the gross value of the decedent's personal property is $50,000 or less and there is no real estate to be transferred.
- Small Estate Administration (Chapter 635): Available if the gross value of the probate assets does not exceed $200,000. This process has lower court costs and simplified reporting requirements.
Statutory Fees:
Iowa law sets maximum fees for attorneys and personal representatives based on the size of the estate:
- 6% on the first $1,000
- 4% on the next $4,000
- 2% on all amounts over $5,000
- Additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Davis 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 Davis County
Probate matters in Davis County are handled at the Davis County Courthouse.
Address: 100 Courthouse Square, Bloomfield, IA 52537
Phone: (641) 664-2011 (Clerk of Court)
Hours:
- Courthouse: Monday through Friday, 8:00 AM to 4:00 PM
- Clerk of Court: Monday through Friday, 8:00 AM to 4:30 PM (call (641) 664-2011 between 4:00 PM and 4:30 PM)
The Clerk of Court's office is located within the historic courthouse on the square in Bloomfield.
Parking and Access
Free 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 only of personal property valued at $50,000 or less, you may be able to transfer assets via affidavit without court administration.
- Small Estate Administration: For estates valued at $200,000 or less, a simplified court process (Chapter 635) is available.
- 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 Davis County. Include:
- Original Will (if applicable)
- Certified death certificate
- Court information sheet
- Filing fee (approximately $260)
- Proposed Order and Letters
E-Filing: Iowa requires electronic filing (EDMS) for most court documents. Attorneys and self-represented litigants must register with the Iowa Judicial Branch e-filing 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 Davis County (e.g., Bloomfield Democrat) for two consecutive weeks.
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 for the appointment of the personal representative. Once approved, the Clerk issues Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims period is typically 4 months from the date of second publication).
- Inventory and appraise all estate assets within 90 days.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Final Report and petition for discharge.
Local Requirements
Davis County-Specific Procedures
- Electronic Filing (EDMS): Davis County is a mandatory e-filing county. All filings must be submitted through the Iowa Judicial Branch EDMS system unless a specific exemption applies.
- Probate Referee: The court may appoint a probate referee to appraise estate assets. Fees for the referee are set by statute based on the value of the assets appraised.
- Publication: Notice is typically published in the Bloomfield Democrat.
- Local Rules: Check with the 8th Judicial District for any specific local court rules regarding probate scheduling or document formatting.
Timeline & Fees
Filing Fees (Davis County)
- Opening an Estate: approximately $260
- Small Estate Administration: approximately $100-$150
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$100 depending on the length of the notice
- Probate Referee Fees: Based on asset value (e.g., $15 for first $15k, plus percentage of excess)
Note: Iowa has statutory fees for executors and attorneys (approx. 2% of the estate value).
Payment Methods
The Clerk of Court accepts cash, checks, credit/debit cards (with a processing fee), and payments via the EDMS system for e-filers.
Estimated Timelines
- Simple estates: 6-9 months (minimum 4-month creditor period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The statutory creditor period in Iowa is 4 months from the date of the second publication of notice.
Local Resources
Davis County Court Resources
- Court Website: daviscountyiowa.gov
- Iowa Judicial Branch: iowacourts.gov
- Probate Forms: iowacourts.gov/for-the-public/court-forms/
Legal Aid and Attorney Referrals
- Iowa State Bar Association Find-A-Lawyer: iowabar.org
- Iowa Legal Aid: (800) 532-1275 — iowalegalaid.org
Publication
- Bloomfield Democrat: (641) 664-2334 — Official newspaper for legal notices in Davis County.