Overview
Montgomery County is located in Iowa with a population of approximately 10,063. The Iowa District Court for Montgomery 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 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 Affidavit: For estates with personal property valued at $50,000 or less (Iowa Code § 633.356).
- Small Estate Administration: For estates valued at $200,000 or less (Iowa Code Chapter 635), which offers a streamlined process with lower costs and fewer court requirements.
Iowa has a statutory fee schedule for attorneys and personal representatives, typically capped at approximately 2% of the gross estate value for amounts over $5,000, plus fees for extraordinary services if approved by the court.
This guide provides an informational overview of the Montgomery 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 Montgomery County
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: 105 Coolbaugh Street, PO Box 469, Red Oak, IA 51566
Phone: (712) 623-4986 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is located within the courthouse and manages all probate filings. Montgomery County is part of the Fourth Judicial District of Iowa.
Parking and Access
Street parking is generally available around the courthouse square in Red Oak. The building is accessible to the public during business hours, with security screening required at the entrance.
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, you may be able to transfer assets via affidavit without court administration.
- Small Estate Administration: For estates valued at $200,000 or less, a simplified court process is available under Chapter 635.
- Trust administration: Assets held in a living trust generally do not require probate.
- Joint Tenancy/Beneficiary Designations: Assets owned jointly with rights of survivorship or with direct beneficiary designations bypass 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 Montgomery County. Include:
- Original Will (if applicable)
- Certified death certificate
- Court Confidential Information Form
- Filing fee (approximately $295)
- Proposed Order Appointing Executor and Order for Notice
Iowa requires mandatory electronic filing (EDMS) for all attorneys and encourages it for self-represented litigants.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice of the probate to all heirs, beneficiaries, and known creditors.
- Publish notice in a newspaper of general circulation in Montgomery County (e.g., Red Oak Express) for two consecutive weeks.
- Creditors generally have 4 months from the date of the second publication (or 1 month from mailing) to file claims.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- File a Report and Inventory within 90 days of appointment.
- Notify the Iowa Department of Health and Human Services (Estate Recovery Program).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns (including Iowa inheritance tax if applicable).
- Distribute assets to beneficiaries.
Step 5: Close the Estate
Once all duties are completed, file a Final Report and petition for discharge. The estate generally must be closed within 3 years unless an extension is granted.
Local Requirements
Montgomery County-Specific Procedures
- Electronic Filing: Montgomery County uses the Iowa Electronic Document Management System (EDMS). Most filings should be submitted electronically.
- Probate Referee: The court may appoint a probate referee to appraise estate assets. Referee fees are set by statute based on the value of assets appraised.
- Publication: Notice is typically published in the Red Oak Express or another approved local newspaper.
- Bond: A surety 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 (Montgomery County)
- Petition to Open Estate: approximately $295 (fees may vary slightly)
- Small Estate Administration: fees are typically lower than full probate
- Probate Referee Fees: Sliding scale based on asset value (e.g., $15 for under $15k, up to $75+ for larger amounts)
- Certified Copies: approximately $10-$20 per copy
- Publication Costs: approximately $60-$150 depending on the newspaper
Statutory Fees: Iowa law allows attorneys and personal representatives to claim fees up to:
- 6% on the first $1,000
- 4% on the next $4,000
- 2% on all amounts over $5,000
Payment Methods
The court accepts credit/debit cards (via EDMS), cash, checks, or money orders. Convenience fees apply for electronic payments.
Estimated Timelines
- Small Estate Affidavit: Immediate upon waiting period (if any)
- Simple Estates: 6-12 months
- Average Estates: 9-18 months
- Complex Estates: 18 months to 3 years
The creditor claim period is 4 months from the second publication of notice.
Local Resources
Montgomery County Court Resources
- Court Website: Iowa Judicial Branch - Montgomery County
- Probate Self-Help: Iowa Courts Self-Representation
- 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: 1-800-532-1275 — iowalegalaid.org
Publication
- Red Oak Express: (712) 623-2566 — redoakexpress.com