Overview
Scott County is located in Iowa with a population of approximately 175,601. The Iowa District Court for Scott 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 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.
Small Estate Administration: Iowa offers a simplified procedure for small estates where the gross value of the decedent's personal property is $50,000 or less. This process involves filing an affidavit with the court after a 40-day waiting period following the death.
Statutory Fees: Iowa law sets statutory fees for attorneys and personal representatives. For ordinary services, the fee is typically capped at approximately 2% of the gross assets of the estate for both the attorney and the executor (plus reasonable fees for extraordinary services).
This guide provides an informational overview of the Scott 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 Scott County
Probate matters in Scott County are handled at the Scott County Courthouse.
Address: 600 W. 4th St., Davenport, IA 52801
Phone: (563) 326-8647 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is responsible for maintaining all probate records. The courthouse is located in downtown Davenport.
Parking and Access
Free public parking is provided to the west of the building. Additional free county parking is available at nearby lots. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $50,000 or less, you may be able to use a small estate affidavit to transfer assets without full probate.
- Joint Tenancy & Beneficiaries: Assets held in joint tenancy or with direct beneficiary designations (like life insurance or IRAs) generally bypass 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 of Will and Appointment of Executor (or Petition for Administration) with the Iowa District Court for Scott County. Include:
- Original Will (if applicable)
- Certified death certificate
- Court Confidential Information Form
- Filing fee (typically around $295)
Note: Iowa requires mandatory electronic filing (EDMS) for all court documents.
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 Scott County (such as the North Scott Press or Quad-City Times) for two consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. In many routine cases, if all documents are in order and there are no objections, the judge may sign the order admitting the will and appointing the executor without a formal hearing. 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 of notice to file claims.
- Inventory and appraise: File a Report and Inventory with the court 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
Scott County-Specific Procedures
- Electronic Filing (EDMS): Iowa has a mandatory electronic filing system. All probate documents must be filed electronically unless you obtain a specific exemption.
- 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).
- Publication: Notice must be published in a newspaper of general circulation in Scott County for two consecutive weeks.
- Bond: The court may require the executor to post a bond unless the will waives it or all beneficiaries agree to waive it (and the court approves).
Timeline & Fees
Filing Fees (Scott County)
- Opening an Estate: approximately $295
- Small Estate Affidavit: approximately $50 - $100 (varies by specific action)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$150 depending on the newspaper
Statutory Fees: Iowa law allows for attorney and executor fees of approximately 2% of the gross estate value for ordinary services.
Payment Methods
The court accepts credit/debit cards (via the EDMS system), checks, and money orders.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 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 timeline for closing the estate.
Local Resources
Scott County Court Resources
- Court Website: scottcountyiowa.gov/courts
- Iowa Judicial Branch: iowacourts.gov
- Probate Forms: iowacourts.gov/for-the-public/court-forms
Legal Aid and Attorney Referrals
- Scott County Bar Association: (563) 326-4491 — Local legal community resources.
- Iowa Legal Aid: (800) 532-1275 — Assistance for low-income residents.
- Iowa State Bar Association Find-A-Lawyer: iowabar.org
Publication
- North Scott Press: (563) 285-8111 — General circulation newspaper.
- Quad-City Times: (563) 383-2200 — Major regional newspaper.