Probate and Recording Deeds in Polk County (Des Moines), Iowa
Where to file a will or open probate, and where to record a deed, in Polk County (Des Moines) — with the state rules that apply.
Probate court
Iowa District Court for Polk County (Fifth Judicial District) - Clerk of Court (probate)
Recording deeds
Polk County Recorder - Real Estate Department
Recording fee: $12.00 fee for Deeds, Change of Name, Condemnations and Contracts includes a $5.00 transfer fee for each separate parcel; add $5.00 to the 1st page fee for each additional parcel ($50.00 maximum); $7.00 per additional transaction in one document Fee schedule
Iowa rules that apply
| Small estate affidavit | If the gross value of the decedent's personal property that would pass by will or intestacy is $50,000 or less and there is no real property, a successor can collect the property by affidavit after 40 days have passed since the death, without opening an estate. The affidavit (under penalty of perjury) is given to the holder of the property with a certified copy of the death certificate, and covers tangible personal property, debts, accounts, securities and similar rights, and insurance or other property with no named beneficiary. It cannot be used while an estate administration is pending, and it does not transfer real estate. Medicaid repayment, taxes and creditors must be paid from what is received. For deaths on or after January 1, 2025, the former exception allowing the affidavit when real estate passed to tax-exempt joint tenants was removed (2025 Iowa Acts ch. 148). Source: Iowa Code § 633.356 |
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| Probate steps | File a petition with the district court (with the original will, if any) and obtain letters of appointment for the executor or administrator. Publish notice once a week for two consecutive weeks in a local newspaper and mail notice to the surviving spouse, heirs, beneficiaries and known creditors; notice also goes to the Department of Health and Human Services for Medicaid claims. Serve the surviving spouse notice of the elective share deadline. File a report and inventory within 90 days after qualifying. Pay valid claims, then file a final report (or, in a small estate, a closing statement) and distribute. Final settlement must be made within three years after the second publication of notice unless the court orders otherwise. |
| Signing and recording a deed | A deed must be acknowledged before a notary or other notarial officer (Iowa Code chapter 9B) to be recorded. It is recorded with the county recorder of the county where the land is located; an unrecorded deed is not valid against later buyers who pay value without notice. A declaration of value signed by a seller or buyer is submitted when most deeds are recorded. Iowa's real estate transfer tax is 80 cents per $500 of consideration over $500; deeds with no consideration, deeds between spouses or parent and child without consideration, and deeds distributing estate assets to heirs or devisees are among the exemptions. |
| Transfer-on-death deed | Iowa law does not provide for a transfer-on-death deed for real estate. Bills to adopt one (for example House File 125 in 2025) were introduced but not enacted. Common alternatives include joint tenancy with right of survivorship and living trusts. Check for later legislation before relying on this. |
All Iowa wills, probate and estate rules · Eviction court and tenant help in Polk County (Des Moines)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.