Probate in Montgomery County runs through the District Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Montgomery County, settling their estate runs through the District Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Montgomery County · 4th Judicial District
Address
Phone
Fax
Hours
Verified July 3, 2026 · Source
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Montgomery County, probate runs through the District Court at 105 Coolbaugh Street, Red Oak. The court sits in the 4th Judicial District.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Iowa intestacy law when there is no will.
Most Iowa estates take 9 months to 15 months to move through this process. The 4 monthsIowa Code § 633.410Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Montgomery County, Iowa comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 105 Coolbaugh Street, Red Oak. The court is part of the 4th Judicial District.
Iowa charges $215Iowa Code § 602.8105(1)(a); 2026 Iowa Acts, ch. 1192, § 24, 27, 28Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the District Court (https://www.iowacourts.state.ia.us/Efile/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Iowa are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.
Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Iowa requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Iowa Code § 633.169Verified Sep 8, 2026View source of estate value annually.
Probate in Iowa typically runs 9 months to 15 months, and costs accrue throughout that period.
If you're handling probate yourself in Montgomery County, Iowa, you can file at the District Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 4th Judicial District.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Montgomery County, families handling probate themselves are exempt and can file on paper.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationPaper Filing Required For
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
For a full cost comparison and filing checklist, see the Montgomery County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Original documents must be retained by filer
Per Iowa Court Rule 16.411, when filing original documents (including wills) electronically via EDMS, the filer must scan and upload the document, then retain the original for at least 2 years or until conclusion of the case, appeal, or estate (whichever is later). The original must be delivered to the court immediately upon request. Exception: Wills in safekeeping may still be submitted in paper form.
SourceTo file at the District Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Montgomery County are recorded with the County Recorder, led by Carleen Bruning, at 105 E Coolbaugh St, Red Oak, IA 51566. Phone: 712-623-4363. Hours: Monday - Friday, 8:00 AM - 4:30 PM.
Documents submitted by mail go to PO Box 469, Red Oak, IA 51566.
The County Recorder charges $7 for the first page plus $5 for each additional page.
Montgomery County accepts electronic recording through Iowa Land Records.
Recording Office Record
Montgomery County · Carleen Bruning
Address
Phone
Hours
E-recording
Recording fees
| Base fee (first page) | $7 |
| Each additional page | $5 |
| County Auditor's Transfer FeeRequired with most deeds | $5 per parcel, capped at $50 per instrument |
Iowa Code 331.604(1)-(3)
Verified September 4, 2026 · Source
Iowa uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Montgomery County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Iowa uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Montgomery County firms typically follow the schedule for routine work and negotiate on complex matters.
A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Solo PracticeAtlantic, IA
Serves southwest Iowa's Cass, Adair, Montgomery, and Shelby counties from Atlantic, midway between the Omaha and Des Moines metros. Handles estate planning, wills and trusts, probate, trust administration, guardianships, and conservatorships for area families. Practicing since 1879.
PracticesEstate PlanningTrust AdministrationTax PlanningConservatorshipand 4 more
FirmRed Oak, IA
Serves Montgomery, Page, Mills, Fremont and neighboring southwest Iowa counties from Red Oak. Drafts wills, trusts and powers of attorney, and guides families through probate so a decedent's estate is administered under Iowa law. Established in 1884, the firm's three partners are Mark, Bruce and Drew Swanson.
PracticesEstate PlanningEstate AdministrationProbateReal EstateWills Trusts
FirmWaterloo, IA
Serves clients across Iowa from offices in Waterloo and North Liberty. Guides families through the Iowa probate process and drafts wills, trusts, powers of attorney, healthcare directives, and beneficiary designations, including estate plans for family farms and small businesses. A litigation-focused firm practicing since 1958.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmNewton, IA
Serves Jasper, Polk, Marion, and Poweshiek counties from Newton. Handles probate and trust law matters, estate planning, wills and trusts, and elder law. Randal B. Caldwell is a Fellow of the American College of Trust and Estate Counsel.
PracticesEstate PlanningElder LawProbate AdministrationWills Trusts
FirmNew Hampton, IA
Serves Chickasaw County from New Hampton, with offices in Cresco, Charles City and West Union. Its attorneys list probate and estate planning among their main practice areas, alongside real estate, income tax and agricultural law. Formed in 1993 by the merger of the Elwood firm of Cresco and the O'Donohoe firm of New Hampton, founded in 1948.
PracticesEstate PlanningProbateAgricultural LawReal Estate
FirmSioux City, IA
Serves families throughout Iowa, Nebraska, and South Dakota from its Sioux City office, with offices in Omaha and Sioux Falls. Guides executors, trustees, and personal representatives through probate filings, creditor notices, and trust administration, and mediates estate disputes. A women-owned firm founded in 2009.
PracticesEstate PlanningEstate AdministrationTrust AdministrationAsset Protectionand 2 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Iowa statutes and official state code. How we research.
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Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Montgomery County, Iowa.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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