Where do I file for probate in Polk County?

Probate petitions are filed with the Polk County District Court at 500 Mulberry Street, Room 212, Des Moines, IA 50309. Most filings must be done electronically through the Iowa EDMS system. For questions, call (515) 561-5718.

How much does probate cost in Polk County?

Initial filing fees are approximately $250–$300. Attorney and executor fees are set by statute at roughly 2% of the gross estate value.

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

Yes. If the estate has no real property and assets total $50,000 or less, you may use a Small Estate Affidavit after a 40-day waiting period.

How long does probate take in Polk County?

A typical estate takes 6–12 months. The creditor claim period is 4 months from the second publication of notice.

Do I need an attorney for probate in Polk County?

While not strictly required, Iowa's probate procedures and e-filing system are complex. The court strongly recommends hiring an attorney, and statutory fees are available to pay for legal services from the estate.

What is the inheritance tax in Iowa?

Iowa has an inheritance tax, but it does not apply to spouses, children, or other lineal descendants. It may apply to siblings, nieces, nephews, and non-relatives.

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

Overview

Polk County is located in Iowa with a population of approximately 516,185. The Polk County District Court (Probate Division) 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 Administration (or Petition for Probate of Will) 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 (Chapter 633.356): For estates with probate assets of $50,000 or less (and no real estate), assets can often be transferred via affidavit without court administration.

* Small Estate Administration (Chapter 635): For estates with probate assets of $200,000 or less, a simplified administration process is available with reduced reporting requirements and lower court costs.

Statutory Fees:

Iowa law (Iowa Code § 633.197) sets a statutory fee for attorneys and personal representatives, typically capped at approximately 2% of the gross estate value for ordinary services. Extraordinary services may justify additional fees subject to court approval.

This guide provides an informational overview of the Polk 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

Polk County District Court

Probate matters in Polk County are handled at the Polk County Historic Courthouse.

Address: 500 Mulberry Street, Room 212, Des Moines, IA 50309

Phone: (515) 561-5718 (Clerk of Court)

Hours: Monday through Friday, 8:00 AM to 4:30 PM

The Probate Division is part of the Fifth Judicial District of Iowa. Most probate filings must be submitted electronically through the Iowa Judicial Branch's Electronic Document Management System (EDMS).

Parking and Access

Public parking is available in nearby parking garages (e.g., 5th & Walnut) and metered street parking. The courthouse has security screening at the entrance; cell phones are generally permitted but must be silenced in courtrooms.

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 after a 40-day waiting period.
Small Estate Administration: If the gross value of probate assets is $200,000 or less, you may qualify for Chapter 635 administration.
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 Polk County District Court via EDMS. Include:

Original Will (if applicable)
Certified death certificate
Filing fee (typically paid online via EDMS)
Testimony of Witnesses to Will (if not self-proved)

Note: Iowa requires mandatory e-filing for most 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 Polk County (e.g., Des Moines Register or Business Record) for two consecutive weeks.

Step 4: Attend the Hearing

Many routine probate matters in Polk County are handled without a formal hearing if all documents are in order and waivers are filed. If a hearing is required, the judge will review the petition and issue Letters.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Publish notice to creditors (creditors have 4 months from the date of second publication to file claims).
File a Report and Inventory within 90 days of appointment.
Pay valid creditor claims and taxes (including Iowa inheritance tax if applicable).
Distribute assets to beneficiaries.
File a Final Report and petition for discharge.

Local Requirements

Polk County-Specific Procedures

Electronic Filing (EDMS): Polk County is a mandatory e-filing county. All documents must be filed through the Iowa Court's Electronic Document Management System.
Inheritance Tax: Iowa has an inheritance tax that may apply to beneficiaries who are not lineal ascendants or descendants (e.g., siblings, nieces, nephews, friends). A clearance from the Iowa Department of Revenue is often required to close the estate.
Publication: Notice must be published in a newspaper of general circulation in Polk County for two consecutive weeks.
Bond: A bond may be required for the personal representative unless waived by the will or the court.

Timeline & Fees

Filing Fees (Polk County)

Opening an Estate: approximately $250–$300 (includes court costs and initial fees)
Small Estate Administration: Fees are often lower, governed by Chapter 635.
Certified copies of Letters: approximately $20 per certified copy
Publication costs: approximately $60–$100 depending on the newspaper
Probate Referee Fees: Based on a sliding scale of the estate's value (if a referee is appointed).

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

Payment Methods

Fees filed via EDMS are typically paid by credit card or bank draft.

Estimated Timelines

Small Estate Affidavit: Can be used 40 days after death.
Simple estates: 6–12 months (minimum 4-month creditor period).
Complex or contested estates: 12 months to 2+ years.

The timeline is often dictated by the 4-month creditor claim period and the time needed to obtain tax clearances.

Local Resources

Polk County Court Resources

Court Website: iowacourts.gov
Probate Self-Help: Iowa Judicial Branch Self-Help
Iowa Probate Forms: Interactive Court Forms

Legal Aid and Attorney Referrals

Polk County Bar Association: (515) 243-3904 — pcbaonline.org
Iowa Legal Aid: (800) 532-1275 — iowalegalaid.org
Iowa State Bar Find-A-Lawyer: iowabar.org

Publication

Des Moines Register: (515) 284-8000 — Major daily newspaper
Business Record: (515) 288-3336 — Weekly business journal

Probate in Polk County, Iowa: 2026 Guide