Overview
Union County is located in Iowa with a population of approximately 12,000. The Union 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 the Iowa Probate Code (Chapter 633). The process begins with filing a Petition for Probate of Will and Appointment of Executor (for testate estates) or a 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:
- Small Estate Affidavit: For estates with personal property totaling $50,000 or less (no real estate), successors may use an affidavit to collect assets without court administration (Iowa Code § 633.356).
- Small Estate Administration: For estates with a gross value of $200,000 or less, a simplified administration process is available (Iowa Code Chapter 635).
Statutory Fees:
Iowa law sets maximum fees for attorneys and personal representatives based on the gross value of the estate (Iowa Code § 633.197 & 633.198):
- 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 Union 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
Union County Clerk of Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 300 N Pine Street, Suite #6, Creston, IA 50801
Phone: (641) 782-7315 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (contact the court to confirm current hours)
The Clerk of Court's office is located within the historic Union County Courthouse. The Clerk is responsible for maintaining all probate records and processing filings.
Parking and Access
Free street parking is generally available around the courthouse square. There is also a parking lot available on the West side of the building. The courthouse is accessible to persons with disabilities; an elevator is available for public use.
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 after a 40-day waiting period.
- Small Estate Administration: If the gross estate value is $200,000 or less, you may qualify for a simplified court process with lower costs and fewer requirements.
- 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 Union County District Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Court Confidential Information Form
- Filing fee (typically around $295, but varies based on estate value)
- Proposed Order Appointing Executor/Administrator
Iowa requires mandatory e-filing for attorneys. Self-represented litigants may be able to file in paper but are encouraged to use the Electronic Document Management System (EDMS).
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 Union County (such as the Creston News Advertiser) once each week for two consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. In many routine probate cases, a formal hearing may not be required if all documents are in order and waivers are filed. If approved, the judge 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 all estate assets within 90 days of appointment.
- Pay valid creditor claims and administrative 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
Union County-Specific Procedures
- E-Filing: Iowa utilizes a mandatory electronic filing system (EDMS) for all district court cases.
- Inheritance Tax: Iowa has an inheritance tax, though there are exemptions for lineal ascendants and descendants (parents, children, grandchildren, etc.). A clearance from the Iowa Department of Revenue is often required before closing the estate.
- Publication: Notice must be published in a newspaper of general circulation in Union County, such as the Creston News Advertiser, for two consecutive weeks.
Always check with the Clerk of Court for any specific local rules or standing orders that may apply to probate cases in District 5.
Timeline & Fees
Filing Fees (Union County)
- Initial Petition: approximately $295 (includes court costs based on estate value)
- Court Costs: Calculated as a percentage of the estate value (approx. 0.2% for administration)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $60-$100 depending on the newspaper
Note: Iowa court costs for probate are often calculated at the end of the process based on the final value of the estate assets.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to convenience fees). E-filing fees are paid online via credit card or bank draft.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 3 years
The creditor claim period in Iowa is 4 months from the date of the second publication of notice. The estate generally cannot be closed until this period has expired and all claims are resolved.
Local Resources
Union County Court Resources
- Court Website: Iowa Judicial Branch - Union County
- Self-Help Resources: Iowa Courts - Representing Yourself
- Iowa Probate Forms: Iowa Judicial Branch Forms
Legal Aid and Attorney Referrals
- Iowa State Bar Association Find-A-Lawyer: iowabar.org
- Iowa Legal Aid: 1-800-532-1275 — iowalegalaid.org
Publication
- Creston News Advertiser: (641) 782-2141 — crestonnews.com