Hamilton County Clerk of the District Court Guide

Order certified copies ($20 each) from the Iowa Department of Health and Human Services, Bureau of Health Statistics, or from the county recorder in the county of residence or where the death occurred.

The custodian of the will must deliver it to the court having jurisdiction after being informed of the death (Iowa Code 633.285).

Filed with the clerk of the district court in the proper county. Iowa Code 633.227 and 633.228 govern who may petition; chapter 635 petitions must also state the estate qualifies as a small estate.

The clerk issues letters of appointment to the executor or administrator. A bond may be required unless waived by the will or by statute; the clerk charges $20 for taking and approving a bond (Iowa Code 633.31(2)(d)).

Published once each week for two consecutive weeks in a newspaper of general circulation in the county, and mailed to the surviving spouse, heirs, devisees, and known creditors (Iowa Code 633.230, 633.304).

Filed with the clerk within 120 days after qualification unless extended (Iowa Code 633.361, as amended effective July 1, 2026; formerly 90 days). Court costs of 0.2% are computed on the probate assets it lists.

Affidavit under Iowa Code 633.356 to collect personal property when the probate assets consist only of personal property worth $100,000 or less (threshold per 2026 Iowa Acts, ch. 1048, effective July 1, 2026), at least 40 days have passed since death, and no administration is pending. The statute prescribes the required affidavit contents.

Chapter 635 small estates close by a sworn closing statement served on all interested parties (Iowa Code 635.8); regular chapter 633 estates close by final report. Final settlement is due within three years after the second publication of the notice to creditors unless the court orders otherwise (Iowa Code 633.473).