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Do I Need Probate?
Probate is the court administration of a person’s estate after death. It may be needed when someone dies owning property, money or other assets that do not pass directly to another person.
If there is a will, the court process helps make sure the will is followed. If there is no will, Iowa law determines who may receive property from the estate.
- If there is a will: the will usually names an executor.
- If there is no will: someone may need to ask the court to be appointed as administrator.
- If assets have named beneficiaries: some property may pass outside probate, depending on the facts.
You do not need to know all the answers before reaching out. We can review what you have, explain what happens next and discuss fees before you decide. Schedule a free consultation.
What Will I Need To Do?
If you are the executor or administrator, your role is to help move the estate through the probate process. That usually means helping gather information, reviewing documents and signing court paperwork when needed.
Our job is to prepare the probate filings, explain what needs to be signed and help keep the case moving. Probate can be document-heavy, so having legal help can make the process easier to understand.
- Gather the death certificate and will, if there is one.
- Help identify estate assets and beneficiaries.
- Review documents before they are filed with the court.
- Sign and notarize documents when required.
- Stay in contact as the estate moves toward closing.
Many probate matters can be handled by phone, email, fax and document signing. If an in-person meeting is helpful, we can discuss that option. Schedule a free consultation.
How Long Does Probate Take?
Probate often takes about 9 to 12 months from start to finish. The timing depends on the estate, court requirements, creditor issues and how quickly documents can be completed.
This is not usually a one-meeting process. After probate starts, there may be notices, inventory work, creditor deadlines, tax-related filings and final documents before the estate can be closed.
- Simple estates may move more smoothly when documents and asset information are organized.
- More complex estates may take longer if there are many assets, missing documents or creditor issues.
- Disputes can delay probate, but Zisman Law does not handle probate litigation, will contests or beneficiary disputes.
A free consultation can help you understand the likely next step and what information may be needed. Schedule a free consultation.
See What Past Clients Have Said
Past results do not guarantee a similar outcome. Each case is unique.
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Probate Administration Services for Des Moines Families
Zisman Law provides probate administration help for Des Moines families from the first filing to final distribution. We handle the paperwork. You handle your family.
- Opening a probate case and filing initial court documents
- Assisting executors and administrators with their statutory duties
- Administering estates where a valid will exists
- Administering estates where no will exists, under Iowa’s rules of intestate succession
- Handling small estate procedures where the estate qualifies
- Administering trusts connected to a broader estate matter
A retired employee with company stock. A manager with retirement accounts. A surviving spouse settling an estate alone. Different situations can still follow the same careful probate process. Our role is to keep the work organized, explain next steps and help the personal representative meet fiduciary duties to the estate and its beneficiaries. This standard applies just as much to small estates that qualify for simplified procedures and to trust administration connected to a larger estate. Size does not change how we work. Des Moines estates range from simple to complex, and we scale the work to match what yours actually needs. We explain requirements early so avoidable problems are less likely. We move promptly without skipping the details. We return calls the same business day whenever possible, so you are never left wondering what happens next.
How We Move a Des Moines Probate Case Forward
Contact us. We start promptly and keep you informed as the case moves forward. The full process runs through several stages, and four matter most to Des Moines families.
Call first. Sign a fee agreement. We file the will if one exists. The court then issues letters of appointment, the document that gives a personal representative or administrator legal authority to act for the estate. This framework matches our statewide approach to Iowa probate administration. Starting early can help avoid delays and keep the estate moving.
Beneficiaries come next. Des Moines estates often include employer stock, 401(k) accounts or investment portfolios built through work at one of the region’s major employers, and each account needs a beneficiary check before it counts as part of the probate estate or stays out of it. If no beneficiary is named, or if the estate itself is named as beneficiary, the asset may need to be included in the estate inventory. Some Des Moines families manage estates that touch two or three employers at once, each with its own retirement plan and its own paperwork. We track every account until the picture is complete.
We handle creditor notice too, including required publication and direct notice to known or reasonably ascertainable creditors, governed in part by Iowa Code Chapter 633. This opens a defined claims window instead of leaving the estate exposed indefinitely. Additional stages, including the estate inventory, tax filings and the final accounting, follow as the case moves toward closing.
Every case reaches estate closing eventually. The personal representative’s job ends. The court discharges the estate. We handle the paperwork that gets you there.
The Assets We See in Des Moines Estates
Des Moines runs on insurance and financial services. Principal Financial Group, Wells Fargo and dozens of other insurance and financial companies employ a large share of the metro workforce, and that shapes what shows up in a Des Moines estate. A typical estate may include a 401(k), employer stock, an investment account, life insurance, a home and one or more vehicles.
Healthcare work adds another layer. UnityPoint Health and MercyOne employ thousands of clinical and administrative staff across the metro, and their retirement and pension accounts often need the same beneficiary review. Not every estate includes all of these pieces, and plenty are simpler. Confirming how each asset is titled, and whether it passes inside or outside probate, takes real review, especially when several accounts were opened at different points in a career.
Des Moines is Iowa’s largest metro. Families here often include an out-of-state sibling, a rental property near downtown or a small business built alongside a corporate career. Some estates even include a farm property inherited from an earlier generation. Iowa’s agricultural roots run deep, even in the state’s biggest city. Each of these adds a step, not a roadblock. We handle the added step.
How We Handle Your Des Moines Case
One call starts it. Tell us what the estate involves. Meet Shane Zisman, who reviews every case personally before setting a plan and an estimated fee. After a signed fee agreement, we prepare the documents, explain each one in plain language and coordinate signing and notarization. Most opening documents are ready within a few business days once we have what we need, and we walk through each one by phone or video so you know what you are signing before you sign it. You get a written summary of what comes next after the first call. No guessing what happens after you hang up the phone.
From there, we file with the Polk County court and drive the case toward closing, keeping you updated on decisions and filings that need your input. You do not interpret court procedure or track filing deadlines. That is our job for the length of the case.
Communication style is your call. Some clients want an update after every filing. Others want to hear from us only when a decision is needed. We match your pace.
Des Moines Probate Fees, Explained Directly
Probate fees are usually based on either a flat fee or a statutory fee determined by Iowa law and the details of the estate. Fees are discussed before representation begins.
When a statutory fee applies, Iowa law ties the fee to the estate’s value. Other estates may be handled by a flat fee, depending on the work involved and the details we review at the start. We explain the fee structure during the initial consultation and put the agreement in writing before representation begins.
Probate fees are separate from federal estate tax, which applies to very few estates. According to the Internal Revenue Service, the federal estate tax exclusion for 2026 is $15,000,000 per individual, so most Des Moines families owe no federal estate tax regardless of the probate fee structure that applies to their case. Our Des Moines services overview covers how probate fits alongside bankruptcy and debt relief for families facing more than one financial matter at once.
Handling a Des Moines Probate Case Remotely
Most Polk County probate work does not require an office visit. We provide help for executors and administrators in Des Moines by phone, video, email, fax and document signing, so a personal representative can manage the estate around a demanding job.
That matters here. Des Moines runs on insurance, financial services and healthcare work, industries that do not pause for a family emergency. Reviewing and signing routine estate documents often does not take a full day off work. Most routine steps happen by email, phone or electronic signature. Documents come to you by secure email or overnight mail, whichever you prefer, and signing takes minutes, not a special trip. Family outside Iowa can often stay in the loop the same way, without a trip for routine updates. Families across the Des Moines metro, not just the city itself, use these same remote tools every day.
In-person meetings are available by appointment if you prefer them. A court appearance is occasionally required depending on the estate, and we give advance notice when one comes up. Remote handling is meant to reduce travel while keeping the probate work on track.
What Falls Outside Our Probate Work
Zisman Law handles non-litigation probate administration. We do not take on probate litigation, will contests or disputes between beneficiaries. If a disagreement shows up in your case, we say so directly and point you toward attorneys who handle contested matters when that fits. That boundary protects your case and your time.
Not sure if your Des Moines estate needs administration help or involves a real dispute? A free consultation can sort that out. Most situations that feel complicated at the start turn out to be straightforward administration.
Polk County Probate Court for Des Moines Families
This information can change. For the most current details, rely on official court notices and links.
- Des Moines is the county seat of Polk County, Iowa’s most populous county. Probate matters are handled by the Iowa District Court, Fifth Judicial District, at the Polk County Historic Courthouse, 500 Mulberry Street, Room 212, Des Moines, IA 50309. The official county page is available through the Iowa Judicial Branch, Polk County. Being the state’s busiest county does not change the process, only the volume the court manages. Families outside Polk County, including those who moved away from Des Moines years ago, file through this same court if their family member lived in the county at death.
- The Polk County Clerk of Court maintains filings and records connected to probate cases. The clerk’s office handles administrative functions for the court. It does not give legal advice and cannot tell a family whether probate is required for a specific estate.
- Polk County residents needing legal aid services may contact the Iowa Legal Aid Central Iowa Regional Office, located in Des Moines.
How Insurance and Financial Work Shape Des Moines Estates
Des Moines runs on insurance and financial services, and that industry concentration shapes the estates families bring to probate here. According to the Greater Des Moines Partnership, the insurance industry accounts for roughly 16 percent of regional jobs across more than 80 insurance-related companies, making Des Moines the second-largest insurance hub in the United States after Hartford, Connecticut. Major employers include Principal Financial Group, headquartered here with approximately 9,000 local employees, and Wells Fargo, which employs approximately 14,500 people in the metro through financial services and mortgage operations.
According to U.S. Census Bureau QuickFacts, Polk County has more than 500,000 residents, making it Iowa’s most populous county by a wide margin. A career built at a large insurance or financial company often means employer stock, deferred compensation or a substantial 401(k) alongside a home and standard personal property. Sorting out which pieces pass automatically to a named beneficiary and which require probate is usually the first practical question a Des Moines family faces.
Iowa law also affects what a family may owe on an inherited estate. According to the Iowa Department of Revenue, “for decedents dying on or after January 1, 2025, Iowa inheritance tax is not imposed.” Most Polk County families settling an estate face no state inheritance tax obligation because of this. A probate filing may still be needed to transfer property, close accounts and settle outstanding debts.
Questions Polk County Families Ask About Des Moines Estates
Does a Des Moines Estate Get Filed at the Polk County Courthouse Downtown?
Yes. Polk County probate matters go through the Iowa District Court at the Polk County Historic Courthouse, 500 Mulberry Street in Des Moines. The courthouse sits downtown, easy to reach from anywhere in the metro. Official court notices always control for current filing details.
Our Family Works in Insurance or Finance and Cannot Take Time Off During Business Hours. Can Probate Be Handled Around Our Schedule?
Yes. Zisman Law manages filings and creditor notice on the estate’s behalf, and documents can be reviewed and signed by phone, email or secure electronic signature outside standard office hours when needed. This flexibility works well for people in fast-moving, deadline-driven jobs across the metro. A court appearance is occasionally required, and we give advance notice when that happens.
What Should a Des Moines Family Have Ready Before the First Call?
A certified death certificate and the original will, when one exists, help the most at the outset. A rough list of accounts and property helps too, even an incomplete one. Families who have not located these items should still call rather than wait. The initial consultation identifies what is genuinely needed and what can be gathered later.
Does Employer Stock or a 401(k) From a Des Moines Company Go Through Probate?
The account’s beneficiary designation controls the answer. Employer stock, a 401(k) or a similar account with a named living beneficiary generally passes directly to that person outside probate. If no beneficiary is named, or if the estate itself is listed as beneficiary, the account may become part of the probate estate. We review account documentation at the outset of every case.
Does Zisman Law Take on Probate Litigation or Disputes Between Beneficiaries?
No. Zisman Law handles non-litigation probate administration only. We do not represent clients in probate litigation, will contests or disputes between beneficiaries. When a matter looks contested, we say so directly and refer the family to an attorney who handles that type of case when appropriate. This distinction matters early, since it determines whether we can take the case at all.
What Happens to a Rental Property or Small Business in the Des Moines Metro When the Owner Dies?
A rental property or small business connected to the estate can require valuation before it is transferred or sold as part of probate administration. The applicable steps depend on how the property is titled, whether tenants or partners are involved and whether the will addresses the asset. Business partners or co-owners add another layer of review before any transfer happens. These details are reviewed early in the case.
Polk County Is Iowa’s Busiest County. Does That Make Probate Take Longer?
Not necessarily. Des Moines probate often takes about 9 to 12 months, the same general range as elsewhere in Iowa, but timing depends on the estate, court requirements, creditor issues and document completion rather than county size alone. No specific closing date is promised at the outset, and the personal representative gets regular updates as the case moves toward final accounting and closing.
Talk to Us About a Polk County Estate Today
You do not need a complete picture of the estate before reaching out. A free consultation is a direct conversation about what the estate involves and what happens next. No obligation. No pressure. Just answers. Call Zisman Law at 641-472-5141 or use the free consultation form on this page to get started.