ProbateUS
Probate Court

Franklin County

Iowa

641-456-5626

Court Location & Contact

Address

12 1st Ave NW, Suite 203, Hampton, IA 50441

Fax

641-456-5628

Visit Official Court Website

Judges & Officers

HJ
Hon. Jim Drew

Probate Guide

Probate in Franklin County, Iowa

The Franklin County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Franklin County, IA, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Iowa, the probate court in each county oversees this process.

When Is Probate Required in Iowa?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Iowa's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Franklin County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Franklin County Probate Court to open probate

  3. Notify heirs and creditors as required by Iowa law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Iowa, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Iowa does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Franklin County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Franklin County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Franklin County Clerk of Court is not a county office, but is a part of the Judicial Branch in the state government of Iowa. Please visit the Iowa Judicial Branch website for more information about online court records.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Franklin County, IA?

Probate petitions for estates in Franklin County are filed at the Franklin County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Franklin County?

Probate filing fees in Franklin County, Iowa vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Iowa?

Probate in Iowa typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Franklin County?

While not always legally required in Iowa, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Iowa, their assets are distributed according to state intestacy laws. The Franklin County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in Iowa

Bernard O'Malley

Johnston

Breanna Young

Dentons Davis Brown PC

Des Moines

Conservatorships/GuardianshipsGeneral Trust & Estate+1

Brian Kane

Kane, Norby & Reddick, P.C.

Dubuque

C. Kevin (Kevin) McCrindle

Law Offices of C. Kevin McCrindle

Waterloo

Business PlanningGeneral Trust & Estate+1

Christine Halbrook

Halbrook Law, PLC

Des Moines

General Trust & EstateCharitable Planning+1
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