Iowa Probate Attorneys

Iowa does not require a personal representative to hire an attorney; no probate-code section mandates counsel, and the very-small-estate affidavit under Iowa Code 633.356 transfers property without opening a case or procuring letters. Iowa practice is attorney-heavy in full administrations because the court forms and reports assume one, which is custom rather than command.

• Very small estates: property passes by affidavit without procuring letters, under the gross-value limit and waiting period of Iowa Code 633.356. (Iowa Code § 633.356)

The affidavit route and the chapter 635 small-estate administration are the realistic do-it-yourself lanes. Full administration runs smoother with counsel and the statutory fee comes from the estate, which is why most Iowa executors hire one anyway.

Governing authority: No counsel mandate in the Iowa Probate Code; the 633.356 affidavit lane settles very small estates without letters at all. Verified August 22, 2026.

Iowa Code § 633.198 limits the ordinary attorney fee to the same schedule as personal representative compensation under § 633.197: 6% of the first $1,000, 4% of the next $4,000 (amounts $1,000-$5,000), and 2% of all sums over $5,000 of the gross assets listed in the probate inventory, excluding life insurance not payable to the estate. On a $300,000 estate the ceiling is about $6,120. The fee is a reasonable fee set by the court up to this ceiling; a chapter 635 small estate leaves the attorney fee to a reasonable or agreed amount, and extraordinary services are compensated separately (§ 633.199).

Court costs are separate. Estimate them with the Iowa fee calculator, and see how Iowa compares in the cost of probate by state study.