Overview
Johnson County is located in Iowa with a population of approximately 160,080. The Johnson 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 simplified procedures for smaller estates:
* Small Estate Administration (Chapter 635): Available if the gross value of the probate estate does not exceed $200,000. This process has lower court costs and fewer reporting requirements.
* Affidavit for Distribution of Property (Section 633.356): Available if the gross value of the decedent's personal property is $50,000 or less and there is no real estate. This allows assets to be transferred without court administration.
Iowa has a statutory fee schedule for personal representatives and attorneys. Unless the court determines otherwise, the fee is typically capped at approximately 2% of the gross estate value (specifically, $220 for the first $5,000 plus 2% of the excess).
This guide provides an informational overview of the Johnson 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
Johnson County District Court
Probate matters in Johnson County are handled at the Johnson County Courthouse.
Address: 417 S. Clinton St, Iowa City, IA 52240
Phone: (319) 356-6060 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is located in the courthouse and manages all probate filings. The 6th Judicial District serves Johnson County.
Parking and Access
Public parking is available in the area surrounding the courthouse, including street parking and nearby parking ramps (e.g., Capitol Street Garage). Security screening is required upon entry to the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Distribution: If the estate consists only of personal property valued at $50,000 or less, you may be able to use an affidavit to transfer assets without court involvement.
- Small Estate Administration: If the gross estate is $200,000 or less, you can file for a simplified administration under Chapter 635.
- 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 Johnson County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically around $295, but varies)
- Court Confidential Information Form
E-filing: Iowa requires electronic filing (EDMS) for all attorneys and encourages it for self-represented litigants.
Step 3: Provide Notice
After filing and receiving Letters, you must:
- Publish notice in a newspaper of general circulation in Johnson County (e.g., The Gazette or Iowa City Press-Citizen) once each week for two consecutive weeks.
- Mail notice to heirs, beneficiaries, and known creditors.
Step 4: Administer the Estate
The personal representative must:
- Inventory and appraise all estate assets within 90 days of appointment.
- Notify creditors; the claim period is generally 4 months from the date of the second publication of notice.
- Pay valid creditor claims and estate taxes.
- Distribute assets to beneficiaries.
- File a Final Report and petition for discharge to close the estate.
Local Requirements
Johnson County-Specific Procedures
- Electronic Filing (EDMS): Johnson County uses the Iowa Electronic Document Management System. Most filings must be submitted electronically.
- Probate Referee: The court may appoint a probate referee to appraise estate assets. Fees for the referee are based on a statutory schedule (e.g., roughly 0.1% - 0.2% of asset value).
- Publication: Notice must be published in a newspaper of general circulation in Johnson County for two consecutive weeks.
Timeline & Fees
Filing Fees (Johnson County)
- Opening an Estate: approximately $295 (fees vary based on estate value and specific filings)
- Small Estate Administration: Lower costs, typically starting around $100-$200
- Probate Referee Fees: Sliding scale based on asset value (e.g., $75 for estates between $100k-$300k)
- Publication costs: approximately $100-$200 depending on the newspaper
Statutory Attorney & Executor Fees:
Iowa law (Iowa Code 633.197) allows for reasonable fees, typically capped at:
- $220 for the first $5,000 of estate value
- 2% of the value in excess of $5,000
Payment Methods
The court accepts cash, checks, credit/debit cards (via EDMS).
Estimated Timelines
- Simple estates: 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 second publication of notice. The estate generally must be closed within 3 years unless an extension is granted.
Local Resources
Johnson County Court Resources
- Court Website: iowacourts.gov
- Probate Self-Help: Iowa Judicial Branch Self-Help
- Iowa Probate Forms: Court 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
- The Gazette: (319) 398-8211 — thegazette.com
- Iowa City Press-Citizen: (319) 337-3181 — press-citizen.com