Overview
Taylor County is located in Iowa with a population of approximately 5,896. The Iowa District Court for Taylor 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 Iowa Code Chapter 633. The process begins with filing a Petition for Probate of Will and Appointment of Executor (or Petition for Administration for intestate estates) 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 Procedures:
- Affidavit for Distribution of Property: Available if the gross value of the decedent's personal property is $50,000 or less and there is no real estate.
- Simplified Probate: Available for estates valued at $200,000 or less, allowing for a streamlined administration process with fewer court requirements.
Fees:
Iowa law sets statutory fees for attorneys and personal representatives based on the gross assets of the estate:
- 6% on the first $1,000
- 4% on the next $4,000
- 2% on all amounts over $5,000
- Additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Taylor 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
Taylor County Courthouse
Probate matters in Taylor County are handled at the Taylor County Courthouse.
Address: 403 Jefferson Street, Suite 4, Bedford, IA 50833
Phone: (712) 523-2095 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court's office is located within the historic Taylor County Courthouse. The Clerk handles all filings for probate, civil, and criminal cases.
Parking and Access
Free public parking is available on the streets surrounding the courthouse square. The building is accessible to the public during business hours.
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 transfer assets via affidavit without court administration.
- Transfer on Death / Joint Tenancy: Assets with named beneficiaries or held in joint tenancy with rights of survivorship pass directly to the co-owner or beneficiary.
- 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 Iowa District Court for Taylor County. Include:
- Petition for Probate of Will (or Administration)
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $260)
- Court Officer Information Sheet
E-Filing: Iowa requires 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 to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Taylor County (e.g., Bedford Times-Press) for two consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If everything is in order, the judge will sign the Order admitting the will and appointing the executor. The Clerk will then issue 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 (or 1 month from mailing) 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 Iowa inheritance tax if applicable).
- Distribute assets to beneficiaries.
- File a Final Report and petition for discharge to close the estate.
Local Requirements
Taylor County-Specific Procedures
- Electronic Filing (EDMS): Taylor County utilizes the Iowa Electronic Document Management System. All filings should be submitted electronically unless you have a specific exemption.
- Publication: Notice must be published in a newspaper of general circulation in Taylor County, such as the Bedford Times-Press or Lenox Time Table, for two consecutive weeks.
- Bond: A bond may be required for the personal representative unless waived by the will or the court.
Always check with the Clerk of Court for any specific local rules or standing orders that may apply to probate cases.
Timeline & Fees
Filing Fees (Taylor County)
- Opening an Estate: approximately $260 (includes filing fee and administrative costs)
- Small Estate Affidavit: $0 (no court filing required, but affidavit must be notarized)
- Certified copies of Letters: approximately $20 per copy
- Publication costs: approximately $60-$100 depending on the newspaper
- Change of Title (Real Estate): approximately $20-$50
Statutory Fees: Iowa law allows for attorney and executor fees of approximately 2% of the gross estate value (see Overview for specific percentages).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (via EDMS or at the counter). Convenience fees apply for card payments.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Note: The creditor claim period is 4 months from the second publication of notice, which sets a minimum duration for the probate process.
Local Resources
Taylor County Court Resources
- Court Website: iowacourts.gov
- Iowa Probate Forms: Iowa Court Forms
Legal Aid and Attorney Referrals
- Iowa State Bar Association: (515) 243-3179 — iowabar.org
- Iowa Legal Aid: 1-800-532-1275 — iowalegalaid.org
- Find-A-Lawyer: ISBA Find-A-Lawyer
Publication
- Bedford Times-Press: (712) 523-2525 — Official county newspaper
- Lenox Time Table: (641) 333-2245 — Local circulation