Where do I file for probate in Franklin County?

Probate filings are handled by the Franklin County Clerk of Court at the courthouse in Hampton, IA. However, most filings must be submitted electronically via the Iowa EDMS system.

How much does probate cost in Franklin County?

The initial filing fee is approximately $295. Additional costs include publication fees (~$60-$100) and statutory attorney/executor fees (approx. 2% of the estate value).

Can I avoid probate in Franklin County with a small estate?

Yes. If the gross value of probate assets is $200,000 or less, you may qualify for Small Estate Administration under Iowa Code Chapter 635, which is faster and less expensive.

How long does probate take in Franklin County?

A simple estate typically takes 6 to 12 months. The process cannot be closed until the 4-month creditor claim period has passed and all taxes are paid.

Do I need an attorney for probate in Franklin County?

Iowa law does not strictly require an attorney, but probate can be complex. Given the statutory fee structure and mandatory e-filing, many personal representatives find it highly beneficial to hire a qualified attorney.

What is the deadline for filing an inventory?

The personal representative must file an inventory of estate assets within 90 days of their appointment by the court.

Franklin County Probate Guide: Courts, Fees & Process (2026)

Overview

Franklin County is located in Iowa with a population of approximately 10,000. The Iowa District Court for Franklin 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 Iowa Code Chapter 633 (Probate Code). 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.

Small Estate Administration is available for estates with probate assets valued at $200,000 or less (Iowa Code Chapter 635). This simplified process involves less court supervision and lower costs than full administration.

Iowa law sets statutory fees for attorneys and personal representatives, typically capped at approximately 2% of the gross estate value for ordinary services. Additional fees may be allowed for extraordinary services.

This guide provides an informational overview of the Franklin 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 Franklin County

Probate matters in Franklin County are handled at the Franklin County Courthouse.

Address: 12 1st Ave NW, Suite 203, Hampton, IA 50441

Phone: 641-456-5626 (Clerk of Court)

Hours: Monday through Friday (call to verify current hours)

The Clerk of Court's office is located on the second floor of the courthouse. This office accepts filings and maintains records for all probate cases.

Parking and Access

Free street parking is generally available around the courthouse square and on adjacent side streets. The courthouse has a public entrance accessible from the street level.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Administration: If the gross value of probate assets is $200,000 or less, you may qualify for a simplified administration under Iowa Code Chapter 635.
Joint Tenancy & Beneficiaries: Assets held in joint tenancy with rights of survivorship or with direct beneficiary designations (POD/TOD) 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 of Will and Appointment of Executor (or Petition for Administration) with the Iowa District Court for Franklin County. Include:

Original Will (if applicable)
Court Confidential Information Form
Certified death certificate
Filing fee (approximately $295)
Proposed Order and Letters

Note: Iowa requires mandatory e-filing for all attorneys and most self-represented litigants via the EDMS (Electronic Document Management 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 Franklin County (such as the Hampton Chronicle) for two consecutive weeks.
This publication triggers the creditor claim period.

Step 4: Attend the Hearing

In many routine probate cases, a formal hearing may not be required if all documents are in order and waivers are filed. If a hearing is scheduled, the judge reviews the petition and issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors: The creditor claim period is generally 4 months from the date of the second publication of notice (or 1 month from mailing notice to known creditors).
Inventory and appraise all estate assets within 90 days of appointment.
Pay valid creditor claims and administrative expenses.
File federal and state tax returns (including Iowa inheritance tax if applicable).
Distribute assets to beneficiaries.
File a Final Report and petition for discharge to close the estate.

Local Requirements

Franklin County-Specific Procedures

Electronic Filing (EDMS): Iowa utilizes a mandatory electronic filing system. All documents must be filed through the Iowa Judicial Branch EDMS unless a specific exemption applies.
Inheritance Tax: Iowa has an inheritance tax, though there are exemptions for lineal ascendants and descendants (parents, children, grandchildren).
Publication: Notice is typically published in the Hampton Chronicle, the official newspaper for the county.
Bond: A bond may be required for the personal representative unless waived by the will or the court.

Always check with the Clerk of Court for the most current local rules and requirements.

Timeline & Fees

Filing Fees (Franklin County)

Opening an Estate: approximately $295
Small Estate Administration: Fees vary but are generally lower than full probate
Certified copies of Letters: approximately $20 per certified copy
Publication costs: approximately $60-$100 depending on the newspaper
Court Costs: Additional costs may apply based on the value of the estate

Statutory Fees: Iowa law allows for the personal representative and the attorney to each receive a fee of approximately 2% of the gross estate value for ordinary services.

Payment Methods

The Clerk of Court typically accepts cash, checks, money orders, and credit/debit cards. E-filing fees are paid online via the EDMS system.

Estimated Timelines

Simple estates: 6-12 months
Creditor Claim Period: 4 months from second publication
Inventory Deadline: 90 days from appointment
Complex or contested estates: 12 months to 3 years

The estate generally cannot be closed until the 4-month creditor claim period has expired and all tax clearances are received.

Local Resources

Franklin County Court Resources

Court Website: https://www.iowacourts.gov/iowa-courts/district-court/judicial-district-2/district/2/county/franklin
Iowa Judicial Branch Forms: https://www.iowacourts.gov/for-the-public/court-forms/
E-Filing (EDMS): https://www.iowacourts.state.ia.us/Efile/

Legal Aid and Attorney Referrals

Iowa State Bar Association: 515-243-3179 — For attorney referrals
Iowa Legal Aid: 1-800-532-1275 — Provides free legal assistance to eligible low-income Iowans

Publication

Hampton Chronicle: 641-456-2585 — Official county newspaper for legal notices.

Probate in Franklin County, Iowa: 2026 Guide