Overview
Des Moines County is located in Iowa with a population of approximately 38,411. The Des Moines 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) 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 Small Estate Affidavit procedure for estates with gross assets of $50,000 or less (if no real estate is involved). There is also a simplified administration process for estates valued at $200,000 or less.
Iowa law sets statutory fees for attorneys and personal representatives, typically capped at approximately 2% of the gross estate value for ordinary services, plus reasonable fees for extraordinary services.
This guide provides an informational overview of the Des Moines 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
Des Moines County District Court
Probate matters in Des Moines County are handled at the Des Moines County Courthouse.
Address: 513 N Main St, Burlington, IA 52601
Phone: (319) 753-8262 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is located on the second floor of the courthouse.
Parking and Access
Public parking is available on the north side of the courthouse, along Main Street, on adjacent streets, and at the riverfront. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less and includes no real estate, you may be able to transfer assets via affidavit after a 40-day waiting period.
- Simplified Administration: For estates valued at $200,000 or less, a streamlined court process 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 Des Moines County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Court Confidential Information Form
- Filing fee (typically ~$295)
- Proposed Order and Letters
Iowa requires mandatory e-filing for all attorneys and encourages it for self-represented litigants via the Iowa Judicial Branch eFiling system (EDMS).
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 Des Moines County (e.g., The Hawk Eye) for two consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. In many uncontested cases, a formal hearing may not be required if all waivers and consents are filed. If approved, the judge 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 taxes
- File Iowa inheritance tax returns if applicable
- Distribute assets to beneficiaries
- File a Final Report and petition for discharge
Local Requirements
Des Moines County-Specific Procedures
- E-Filing: Iowa utilizes a mandatory Electronic Document Management System (EDMS) for all court filings.
- Bond requirements: Bond is generally required unless waived by the will or by the court.
- Publication: Notice must be published in a newspaper of general circulation in Des Moines County, such as The Hawk Eye, for two consecutive weeks.
Consult the Iowa Rules of Probate Procedure for specific form requirements.
Timeline & Fees
Filing Fees (Des Moines County)
- Petition for Probate: approximately $295 (fees vary based on estate value)
- Small Estate Administration: approximately $195
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $35-$60 depending on the newspaper
- Probate Referee Fees: Based on a sliding scale of estate value (e.g., $75 for estates between $100k-$300k)
Iowa law allows for statutory attorney and executor fees:
- 6% on the first $1,000
- 4% on the next $4,000
- 2% on all amounts over $5,000
Payment Methods
The court accepts cash, checks, credit/debit cards (via e-filing system). 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 date of the second publication of notice.
Local Resources
Des Moines County Court Resources
- Court Website: desmoinescounty.iowa.gov
- Probate Self-Help: iowacourts.gov
- Iowa Probate Forms: iowacourts.gov
Legal Aid and Attorney Referrals
- Iowa State Bar Association: (515) 243-3179 — iowabar.org
- Iowa Legal Aid: (800) 532-1275 — iowalegalaid.org
Publication
- The Hawk Eye: (319) 754-8111 — Newspaper of general circulation in Burlington
- Des Moines County News: (319) 394-3111 — Weekly newspaper in Mediapolis