Overview
Marshall County is located in Iowa with a population of approximately 40,392. The Marshall 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.
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 40 days after death without court administration.
- Small Estate Administration: For estates valued at $200,000 or less, a simplified "small estate" administration process is available with reduced notice requirements and court supervision.
Statutory Fees:
Iowa law sets maximum fees for attorneys and personal representatives based on the gross value of the estate (excluding life insurance payable to a beneficiary and joint tenancy property). The standard fee is approximately 2% of the estate value (specifically: 6% on the first $1,000; 4% on the next $4,000; and 2% on all amounts over $5,000).
This guide provides an informational overview of the Marshall 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
Marshall County District Court
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 17 East Main Street, Marshalltown, IA 50158
Phone: (641) 754-1603 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (approximate — verify with court)
The Clerk of Court's office is located within the historic courthouse in downtown Marshalltown. The court handles all filings for probate, including wills, estates, and guardianships.
Parking and Access
Street parking is generally available around the courthouse square and on adjacent streets. There are also public parking lots nearby in downtown Marshalltown. Visitors pass through security screening upon entering the building.
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 includes no real estate, you may be able to use an affidavit 40 days after death.
- Joint Tenancy & Beneficiaries: Assets held in joint tenancy with rights of survivorship or with designated beneficiaries (like life insurance or IRAs) generally pass outside of 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 with the Marshall County District Court. Include:
- Petition for Probate of Will and Appointment of Executor (or Administrator)
- Original will (if applicable)
- Certified death certificate
- Filing fee (approximately $295)
- Court Confidential Information Form
Iowa requires mandatory electronic filing (EDMS) for all attorneys and encourages it for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or notice of appointment) to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Marshall County (such as the Times-Republican) once each week for two consecutive weeks.
Step 4: Attend the Hearing
In many routine probate cases, a formal hearing is not required if all waivers and consents are filed. If a hearing is scheduled, the judge will review the petition and, if approved, issue 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 date of the second publication to file claims).
- Inventory and appraise all estate assets within 90 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns (including the Iowa Inheritance Tax return, if applicable).
- Distribute assets to beneficiaries.
- File a Final Report and petition for discharge to close the estate.
Local Requirements
Marshall County-Specific Procedures
- Electronic Filing (EDMS): Marshall County uses the Iowa Electronic Document Management System. All filings should generally be submitted electronically.
- Inheritance Tax: Iowa has an inheritance tax that may apply to beneficiaries who are not the surviving spouse, lineal ascendants (parents/grandparents), or lineal descendants (children/grandchildren). A tax clearance is often required before closing the estate.
- Publication: Notice is typically published in the Times-Republican, the primary legal newspaper for Marshalltown and the surrounding county.
- Probate Referees: The court may appoint a probate referee to appraise estate assets, for which a statutory fee applies.
Timeline & Fees
Filing Fees (Marshall County)
- Petition for Probate: approximately $295 (includes court reporter fee and administrative costs)
- Small Estate Administration: fees may vary slightly but are generally similar to full probate
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $50-$100 depending on the length of the notice
- Probate Referee Fees: based on a percentage of assets appraised
Statutory Attorney & Executor Fees:
- 6% on the first $1,000
- 4% on the next $4,000
- 2% on all amounts over $5,000
(Fees are subject to court approval and may be negotiated or waived.)
Payment Methods
The Clerk of Court accepts cash, checks, money orders, and credit/debit cards (subject to a processing fee).
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-15 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, which sets a minimum duration for the process.
Local Resources
Marshall County Court Resources
- Court Website: Marshall County District Court
- Iowa Probate Forms: 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
- Times-Republican: (641) 753-6611 — timesrepublican.com