Overview
Lee County is located in Iowa with a population of approximately 33,555. The Iowa District Court for Lee County handles all probate and estate matters for decedents who were domiciled in the county at the time of death. Uniquely, Lee County has two county seats: Fort Madison (North Lee) and Keokuk (South Lee). You should generally file in the division where the decedent lived.
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: For estates with personal property totaling $50,000 or less (and no real estate), successors can use an affidavit to collect assets without court administration (Iowa Code § 633.356).
- Small Estate Administration: For estates valued at $200,000 or less, a simplified probate process is available with lower costs and fewer requirements (Iowa Code Chapter 635).
Fees:
- Court Costs: Filing fees are standardized statewide, typically starting around $295 for opening an estate.
- Executor/Attorney Fees: Iowa law sets a statutory cap on fees for personal representatives and attorneys, generally approx. 2% of the gross estate value for ordinary services (Iowa Code § 633.197).
This guide provides an informational overview of the Lee 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 Lee County
Lee County has two courthouses. Probate matters are handled at both locations depending on where the decedent resided.
North Lee County Courthouse (Fort Madison)
Address: 701 Avenue F, Fort Madison, IA 52627
Phone: (319) 372-3523
Hours: Monday through Friday, 8:00 AM to 4:30 PM
South Lee County Courthouse (Keokuk)
Address: 25 North 7th Street Ste. 301, Keokuk, IA 52632
Phone: (319) 524-2433
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Parking and Access
Fort Madison: Street parking is available around the courthouse square. There are designated handicap spaces near the entrance.
Keokuk: Street parking is available on 7th Street and surrounding blocks. Public parking lots are also located nearby.
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 valued at $50,000 or less and there is no real estate, you may be able to use an affidavit 40 days after death.
- Small Estate Administration: If the gross value of the probate assets is $200,000 or less, you may qualify for 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 Lee County District Court via the Iowa Electronic Document Management System (EDMS). Include:
- Petition for Probate of Will (or Administration)
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approx. $295)
- Court Officer Information Sheet
Note: Iowa requires mandatory e-filing (EDMS) for all attorneys and most 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 Lee County (e.g., Daily Democrat or Daily Gate City) for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to admit the will and appoint the personal representative. 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: Creditors have 4 months from the date of the second publication to file claims.
- Inventory and appraise all estate assets within 90 days.
- Pay valid creditor claims and estate 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
Lee County-Specific Procedures
- Dual County Seats: Be sure to file in the correct division (North/Fort Madison or South/Keokuk) based on the decedent's residence.
- E-filing (EDMS): Iowa utilizes a mandatory statewide electronic filing system. Paper filings are generally not accepted from attorneys.
- Inheritance Tax: Iowa has an inheritance tax, though there are exemptions for lineal ascendants and descendants (parents, children, grandchildren).
- Publication: Notice must be published in a newspaper of general circulation in Lee County, such as the Daily Democrat (Fort Madison) or Daily Gate City (Keokuk).
Timeline & Fees
Filing Fees (Lee County)
- Opening an Estate: approximately $295
- Small Estate Administration: approximately $195
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$100 depending on the newspaper
- Annual Report Fee: approximately $30 (if estate is open > 1 year)
Note: Iowa statutory attorney and executor fees are capped at approximately 2% of the gross estate value for ordinary services.
Payment Methods
The court accepts credit/debit cards (via EDMS), checks, and money orders.
Estimated Timelines
- Simple estates: 6-12 months (minimum 4 months for creditor period)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting timeline include the 4-month creditor claim period, sale of real estate, and tax clearance.
Local Resources
Lee County Court Resources
- Court Website: https://www.iowacourts.gov
- Probate Self-Help: Iowa Judicial Branch Self-Help
- 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: (800) 532-1275 — iowalegalaid.org