Overview
Story County is located in Iowa with a population of approximately 102,498. The Story 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 Iowa Code Chapter 633. The process begins with filing a Petition for Administration of Estate 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 a simplified procedure for small estates. If the gross value of the probate estate does not exceed $50,000, successors may file an affidavit for distribution of property without formal probate administration (Iowa Code § 633.356).
Iowa law sets statutory fees for attorneys and personal representatives. For estates over $5,000, the fee is typically approximately 2% of the gross estate value for the personal representative and 2% for the attorney, unless the court approves a different amount based on extraordinary services.
This guide provides an informational overview of the Story 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
Story County Clerk of Court
Probate matters in Story County are handled at the Story County Justice Center.
Address: 1315 South B Avenue, Nevada, IA 50201
Phone: (515) 382-7410 (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. Story County is part of the Second Judicial District of Iowa.
Parking and Access
Free public parking is available in the lot adjacent to the Justice Center. The building is ADA accessible with security screening 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 is valued at $50,000 or less and includes no real estate (or real estate that passes outside probate), you may be able to use an affidavit for distribution.
- Joint Tenancy & Beneficiaries: Assets held in joint tenancy with rights of survivorship or with designated beneficiaries (POD/TOD) 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 Administration with the Story County District Court. Iowa requires mandatory e-filing for most cases via the EDMS (Electronic Document Management System). Include:
- Petition for Administration of Estate
- Original will (if applicable)
- Certified death certificate
- Filing fee
- Court Officer Information Sheet
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 Story County (e.g., Ames Tribune or Nevada Journal) for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested matters are handled upon review of the filings. Once approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (creditors typically have 4 months from the date of 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
Local Requirements
Story County-Specific Procedures
- Mandatory E-Filing: Story County uses the Iowa Judicial Branch's EDMS system. All documents must be filed electronically unless you are a self-represented litigant who has been granted an exemption.
- Inheritance Tax: Iowa has an inheritance tax, though there are exemptions for lineal ascendants and descendants (children, parents, grandparents, grandchildren).
- Publication: Notice must be published in a newspaper of general circulation in Story County, such as the Ames Tribune or Nevada Journal.
Always check the latest Second Judicial District administrative orders for any specific local rules.
Timeline & Fees
Filing Fees (Story County)
- Petition for Probate: approximately $295 (fees vary by estate value and specific filing type)
- Small Estate Affidavit: $0 (if no court administration is sought, though recording fees may apply for real estate)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$150 depending on the newspaper
Note: Iowa has a statutory fee schedule for attorneys and executors, generally capped at roughly 2% of the gross estate value for each.
Payment Methods
The court accepts credit/debit cards (via EDMS), checks, and cash.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Iowa is generally 4 months from the date of the second publication of notice.
Local Resources
Story County Court Resources
- Court Website: Story County Clerk of Court
- Iowa Judicial Branch: iowacourts.gov
- Iowa Probate Forms: Iowa Judicial Branch Forms
Legal Aid and Attorney Referrals
- Story County Bar Association: Contact local attorneys directly
- Iowa Legal Aid: (800) 532-1275 — iowalegalaid.org
- Iowa State Bar Association Find-A-Lawyer: iowabar.org
Publication
- Ames Tribune: (515) 232-2160 — amestrib.com
- Nevada Journal: (515) 382-2161 — Part of Ames Tribune network