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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 Help For Des Moines Families
We help Des Moines families with probate from the first court filing through final distribution. We prepare the court documents, explain each stage and keep the case moving.
- Opening the probate case and filing the required court documents
- Helping the executor understand court responsibilities
- Settling estates when there is a valid will
- Settling estates when there was no will and the court appoints an administrator
- Handling small estate procedures when the estate qualifies
- Handling trust administration connected to a broader probate matter
A retired employee may leave company stock. A manager may have several retirement accounts. A surviving spouse may be settling the estate alone. We adjust the work to fit the property and accounts involved.
We help the executor keep the work organized and meet legal duties to the estate and its beneficiaries. Iowa law calls the court-appointed executor or administrator the personal representative. That person handles the estate. We give the same care to smaller estates and cases involving more property or accounts.
We explain requirements early and move the work forward without skipping details. We return calls the same business day whenever possible. You can call before you have located every account and document.
How We Move Des Moines Probate Forward
We start by reviewing what the estate includes and explaining the fee agreement. If there is a will, we handle the filing. The court then issues letters of appointment, which give the executor legal authority to act for the estate.
A different process may be available for a small estate. Our Iowa probate overview explains how we handle these cases. We review the estate before deciding which process fits.
The house needs early attention. How it was owned comes first. Joint ownership with a right of survivorship usually lets the house pass to the surviving owner without probate. One in the person’s name alone usually becomes part of the probate case. Until probate closes, someone needs to keep the house insured and secured and pay its bills. We handle the house-related probate filings. A sale can include a petition. This written request asks the court to approve the sale and its terms. Iowa Code Section 633.389 addresses that court process. The details depend on the will and the estate.
We check the beneficiary information on retirement and investment accounts. Des Moines estates often include employer stock, 401(k) accounts or investments built through work at one of the region’s major employers. Each account needs a beneficiary check before it is treated as part of probate. If no beneficiary is named, or the estate is named, the account may need to appear on the estate inventory. That inventory lists probate property and its value. Some families have accounts from several employers, each with different paperwork.
We also handle creditor notice, including required publication and direct notice to known or reasonably ascertainable creditors. Creditor notice requirements are covered by Iowa Code Chapter 633.
The case may also include tax filings, additional court documents and a final accounting. We prepare and file the required probate documents. The work continues until the court formally closes the case and the executor’s job ends.
Assets In Des Moines Probate Cases
Des Moines runs on insurance and financial services. Principal Financial Group, Wells Fargo and many other insurance and financial companies employ a large part of the metro workforce.
A Des Moines estate may include a 401(k), employer stock, an investment account, life insurance, a house and vehicles. UnityPoint Health and MercyOne also employ thousands of clinical and administrative workers across the metro. Their retirement and pension accounts may need the same beneficiary review.
Not every estate includes all of these assets. Many are simpler. We review how each account or property was titled and whether it passes through probate.
Des Moines families may also have an executor who lives outside Iowa, a downtown rental property or a small business built alongside a corporate career. Some estates include farmland inherited from an earlier generation. For each asset, we check its ownership and the probate documents it may need.
How We Handle Your Des Moines Probate
The first call gives us a chance to learn what the estate includes and explain the next steps. Start with the basics: who died, whether a will exists and what you know about the house and accounts. Before representation starts, we review the situation and explain the expected fee.
You can meet Shane Zisman and learn how we handle probate cases. We review every case before setting a plan and estimated fee. Once the fee agreement is signed, we explain the documents in plain English as we prepare them.
We coordinate signing and notarization when needed. Before signing, we go over each document by phone or video. You receive a written summary of what comes next after the first call. We file with the Polk County court next and keep the case moving. We track the court filings and deadlines throughout the case.
Some clients ask to hear from us after every filing. Others only want an update when they need to make a decision. Tell us how often you want updates, and we will communicate that way when possible.
How Des Moines Probate Fees Work
Probate fees are usually based on a flat fee or a statutory fee set by Iowa law and the details of the estate. We discuss fees before representation begins.
When a statutory fee applies, Iowa law ties the fee to the estate’s value. Other estates may be handled for a flat fee based on the work involved. We explain the fee structure during the consultation and put the agreement in writing.
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 is $15,000,000 per individual for deaths in 2026. Most Des Moines families owe no federal estate tax, regardless of the probate fee structure that applies. You can also read about our other legal services for Des Moines families.
Remote Probate Help For Des Moines Executors
The executor may be based beyond the Des Moines area or in another state. We work by phone, video, email, fax and document signing, so much of the probate work can be handled from where the executor lives.
Iowa law sets conditions for appointing an executor who lives in another state. The court may appoint an executor from another state under Iowa Code Section 633.64 if an Iowa resident serves with them. The court may let that executor serve alone when there is good cause.
We handle the filings after preparing the court documents and sending them for review. We can give routine updates by phone or email. Documents can be sent by secure email or overnight mail, based on what works for the executor. Remote meetings and document signing can make probate easier to manage around work. Reviewing and signing routine documents often does not require taking a full day away from work. We can also update family members who live outside Iowa this way.
In-person meetings are optional and available by appointment. A court appearance is occasionally required based on the estate. We give advance notice when court involvement is needed.
Our Probate Work And Its Limits
Zisman Law focuses on probate administration. We do not handle probate litigation, will contests or disputes between beneficiaries.
If a disagreement makes the matter contested, we explain that and can point you toward attorneys who handle those cases. Our work covers the court filings and other steps needed to settle an uncontested estate.
You may not know which type of help the estate needs. A free consultation can sort that out and give you a clearer next step.

Polk County Probate Court Details
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.
- The court is at the Polk County Historic Courthouse, 500 Mulberry Street, Room 212, Des Moines, IA 50309. Check the Iowa Judicial Branch page for Polk County for current information.
- Polk County uses the same Iowa probate process as other counties. When the person who died was a Polk County resident, this court generally handles the case no matter where the executor lives.
- The Polk County Clerk of Court maintains probate filings and court records. The clerk manages court administration and does not provide legal advice.
- Polk County residents who need legal aid services may contact the Iowa Legal Aid Central Iowa Regional Office in Des Moines.
How Financial Work Shapes Des Moines Probate
Insurance and financial services employ a large part of the Des Moines workforce. According to the Greater Des Moines Partnership, insurance accounts for roughly 16 percent of regional jobs across more than 80 related companies.
The same source describes Des Moines as the second-largest insurance hub in the United States after Hartford, Connecticut. Principal Financial Group is headquartered here and has approximately 9,000 local employees. Wells Fargo employs approximately 14,500 people in the metro through financial services and mortgage operations.
A career with one of these employers may leave stock, deferred compensation or a substantial 401(k). A house and personal property may be part of the same estate as those assets. The first practical question is often which assets pass to a named beneficiary and which become part of probate.
According to U.S. Census Bureau QuickFacts, Polk County has more than 500,000 residents. That makes it Iowa’s most populous county by a wide margin.
According to the Iowa Department of Revenue, “Iowa inheritance tax is not applicable for deaths occurring on or after 1/1/25.”
Most Polk County families settling an estate have no state inheritance tax obligation because of this change. Probate may still be needed to transfer property, close accounts and settle outstanding debts.
Questions About Des Moines Probate
Does Des Moines Probate Go Through Polk County?
Yes. That applies when the person who died lived in Polk County. Probate matters go through the Iowa District Court at the Polk County Historic Courthouse, 500 Mulberry Street in Des Moines. Official court notices control current filing details.
Can Probate Fit Around A Des Moines Work Schedule?
Yes. We manage court filings and creditor notice, while documents can often be reviewed and signed by phone, email or electronic signature. A court appearance is occasionally required, and we give advance notice.
What Documents Help Before The First Call?
It helps to have a certified death certificate and the original will, when one exists. A rough list of accounts and property also helps. You can still call if these items have not been located.
Do Employer Stock And Retirement Accounts Go Through Probate?
A living person named as the account beneficiary generally receives it directly, without probate. The account may enter probate when it has no named beneficiary or names the estate. We review the account documents.
What Happens To The House During Probate?
The house may still need attention until probate closes. During probate, someone needs to insure and secure it and keep its bills paid. Depending on the estate, a sale can involve court approval and probate filings.
What Happens To A Rental Property Or Small Business?
A rental property or small business may need valuation before it is transferred or sold through probate. The steps depend on its ownership, any tenants or partners and what the will says.
Does Polk County Probate Take Longer Because The County Is Busy?
Not necessarily. Des Moines probate often takes about 9 to 12 months, but timing depends on the estate, court requirements, creditor issues and document completion. We do not promise a specific closing date.
Does Zisman Law Handle Probate Disputes?
No. Zisman Law focuses on probate administration. We do not handle probate litigation, will contests or disputes between beneficiaries.
Talk With Us About Polk County Probate
Call even if you have not finished listing the house, accounts and other property. A free consultation can help you understand what the estate may need and what comes next.
Call Zisman Law at 641-472-5141. Or use the free consultation form on this page: send it, pick a time on the calendar, and we review what you sent before the call.



