What to Do When Someone Dies in Polk County, Iowa

How probate works in Polk County: the District Court record, what the process costs, and how to file there.

Probate Court Record

Polk County District Court

Polk County · 5th Judicial District

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

500 Mulberry Street, Room 212, Des Moines, IA 50309

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysFiling is electronic through the Iowa Judicial Branch eFile system (EDMS), self-represented filers included, and filing electronically adds no fee. The clerk can accept a single paper filing for good cause while the office is open (Iowa R. Elec. P. 16.302). On paper: Self-represented parties may be excused from mandatory e-filing for the duration of a case for good cause, such as lack of regular internet access, by court order (Iowa Ct. R. 16.302(2)(c)).

Self-represented filing

AllowedThe statewide court-forms page carries one probate form, the referee's report (Rule 7.4, Form 1). A petition to open an estate is filed with the designation Iowa Code § 633.82 requires; in a 2024 Scott County case a self-represented son's petition was denied for lacking a proposed order, an oath and that designation, and the Court of Appeals affirmed without deciding whether an attorney is required (In re Estate of White).

Accepted payment

  • At the counterCredit card, Debit card.Filing fees are paid by credit or debit card in the eFile system at filing, or in person at the clerk's office within five business days of filing. The court takes no action on a filing until its fee is paid.

Verified October 15, 2026 · Source

How Probate Works in Polk County

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 Polk County, probate runs through the District Court at 500 Mulberry Street, Room 212, Des Moines. The court sits in the 5th 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. Creditors have 4 monthsIowa Code §§ 633.230, 633.304, 633.410, 633.413, 633.425, 633.442Verified Oct 18, 2026View source to present a claim, counted from the last publication of the notice to creditors.

What Probate Costs in Polk County

What probate costs in Polk 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 500 Mulberry Street, Room 212, Des Moines. The court is part of the 5th Judicial District.

Iowa charges $215Iowa Code § 602.8105(1)(a); 2026 Iowa Acts, ch. 1192, § 24, 27, 28Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

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.

Iowa lets the court set executor compensation, capped at a statutory schedule — about $10,120 on a $500,000 estate, roughly 2.0%Iowa Code § 633.197 (reasonable fees determined by the court, not in excess of 6% first $1K, 4% next $4K, 2% over $5K of the gross assets in the inventory); § 633.197(2) (life insurance excluded)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Iowa requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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.

How to File Probate at the District Court

Probate cases in Polk County, Iowa are filed at the District Court. The court sits in the 5th Judicial District.

Can You File Without an Attorney?

Iowa has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableIowa Code §§ 633.290, 633.294 (district court admits the will and grants letters; no registrar/informal track)Verified Sep 8, 2026View source.

For a full cost comparison and filing checklist, see the Polk County Self-Filing Assessment.

Polk County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Original documents must be retained by filer

When the law requires an original document such as a will or codicil, the filer scans it and files the scan electronically, keeps the original for at least two years or until the case, appeal or estate concludes, and delivers it to the court on request. An original will or codicil may also be submitted to the clerk for paper preservation after it is filed electronically (Iowa R. Elec. P. 16.411).

Source

What to Bring

Filed with the opening petition at the District Court: Verified petition for probate of will and appointment of executor, or for administration (Iowa Code § 633.290; small estate § 635.2); Original will and any codicils, where testate; Personal representative's oath / certification under penalty of perjury (Iowa Code § 633.168); Bond with surety unless waived (Iowa Code §§ 633.169-633.173); Written testimony of a subscribing witness proving due execution of the will, where the proof is not taken orally (Iowa Code § 633.295; statutory form)Iowa Code §§ 633.10 (jurisdiction), 633.290 (petitions after death of testator), 633.291-633.292 (contents of the testate petition), 633.229 (contents of the intestate petition), 633.168 (oath), 633.178 (clerk issues letters); ch. 635 (small estates)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Polk County

In Iowa a death is registered locally, and in Polk County certified copies of the death certificate are issued by Polk County Recorder, Vital Records Department as well as by Iowa Department of Health and Human Services - Bureau of Health Statistics.

Vital Records Office Record

County Recorder

Polk County · Polk County Recorder, Vital Records Department

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

111 Court Avenue, Suite 250, Des Moines, IA 50309

Certified copies

Issued the same day

Local rule

  • Same-day service in the Vital Records Department ends at 3:30 p.m. The office holds deaths from July 1, 1941 on, and a mailed request must be signed before a notary and carry a photocopy of a photo ID.

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Polk County · Polk County Medical Examiner's Office

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

1801 Hickman Road, Des Moines, IA 50314

Verified November 2, 2026 · Source

Transferring Property in Polk County

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 Polk County are recorded with the County Recorder at 111 Court Avenue, Suite 250, Des Moines, IA 50309. Phone: 1-515-286-3160. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Recorder charges $7 for the first page plus $5 for each additional page.

Polk County accepts electronic recording through Iowa Land Records.

Recording Office Record

County Recorder

Polk County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

111 Court Avenue, Suite 250, Des Moines, IA 50309

Fees

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 October 16, 2026 · Source

Probate Attorneys Serving Polk County

Iowa uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Polk County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Probate attorney fees in Iowa are set by the court as reasonable compensation, capped at a statutory schedule tied to the estate's value. Polk County firms quote within that ceiling, so ask for the structure up front.

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.

FirmDes Moines, IA

Dickinson, Bradshaw, Fowler & Hagen, P.C.

Serves 2 counties

Serves Polk and Marion counties from offices in Des Moines and Pella. Represents fiduciaries in trust and estate administration, including probate, fiduciary tax returns, guardianships and conservatorships, and disputed probate proceedings such as will and trust contests. Formed in 2024 by the merger of Dickinson, Mackaman, Tyler & Hagen and Bradshaw, Fowler, Proctor & Fairgrave.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 9 more

Office
801 Grand Avenue, Suite 3700Des Moines, IA 50309

Solo PracticeWest Des Moines, IA

Kreamer Law Firm, P.C.

Since 2005 · Serves 2 counties

Serves Dallas and Polk counties from West Des Moines. Handles probate court filings and reports, estate and inheritance tax returns and tax clearances, and guardianships and conservatorships. Attorney Samuel I. Kreamer is also a certified public accountant; established in 2005.

PracticesEstate PlanningProbateTax PlanningConservatorshipand 3 more

Office
7155 Lake Drive, Suite 200West Des Moines, IA 50266

Solo PracticeGrimes, IA

Letsch Law Firm

Since 2013 · Serves 2 counties

Serves Des Moines, Urbandale, and the surrounding area from Grimes. Handles probate and estate administration, post-death trust administration, guardianships and conservatorships, Medicaid planning for long-term care, and special needs trusts. The attorney and two staff members are Certified Medicaid Planners.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
112 NE Ewing Street, Suite DGrimes, IA 50111
Virtual consultations

FirmDes Moines, IA

Nyemaster Goode, P.C.

Since 1918 · Serves 3 counties

Serves clients from offices in Des Moines, Ames, and Cedar Rapids. Its Wealth Transfer, Trusts & Estates practice handles probate of estates, trust administration and fiduciary duties, trust and estate litigation, guardianships and conservatorships, and estate and gift tax planning and audits. Founded in Des Moines in 1918.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
700 Walnut Street, Suite 1300Des Moines, IA 50309

FirmWaterloo, IA

Ball, Kirk & Holm, P.C.

Since 1958 · Serves the whole state

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 PlanningProbateWills Trusts

Office
3324 Kimball AvenueWaterloo, IA 50702
Free consultation

FirmNewton, IA

Caldwell & Brierly, PLLC

Since 1927 · Serves the whole state

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 PlanningProbateElder LawWills Trusts

Office
211 First Avenue WNewton, IA 50208
See all 21 firms serving Polk County →

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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Show 4 more sources

Data sourced from Iowa statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Iowa

Free tools for settling an estate in Iowa: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Iowa.

How Do I Settle an Estate?

Settling an estate in Iowa: the personal representative files the estate inventory within 120 daysIowa Code §§ 633.361, 633.364, 633.365 (§ 633.361 as amended by 2026 Acts, HF 2532, § 4)Verified Sep 15, 2026View source of appointment; creditors have 4 monthsIowa Code §§ 633.230, 633.304, 633.410, 633.413, 633.425, 633.442Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Iowa happens outside court: the trustee acts under the state's trust statuteIowa Code § 633A.1101 et seq. (Iowa Trust Code)Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Iowa has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableIowa Code §§ 633.290, 633.294 (district court admits the will and grants letters; no registrar/informal track)Verified Sep 8, 2026View source.

Get the Answer

Hire an Iowa Probate Attorney

Browse vetted Iowa attorneys handling probate matters.

Browse firms

All Iowa tools