Hiring a Wills, Trusts or Probate Lawyer in Iowa
What Iowa requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Iowa: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | The Iowa Attorney Disciplinary Board does not resolve fee disputes. The Iowa Judicial Branch says fee disputes go to the Iowa State Bar Association for arbitration, and that fee arbitration may be available through your local bar association. |
| If a lawyer takes your money | Iowa's Client Security Trust Fund, administered by the Client Security Commission, covers losses from dishonest conduct by an Iowa-licensed lawyer acting as attorney or fiduciary in the practice of law, when no other source can cover the loss; negligence and employer-employee disputes are not covered. The maximum any one client may recover is set by Iowa Supreme Court rules, and the Commission also weighs available funds and hardship. Claims are generally due within one year after you discover the loss (extendable for good cause). There is no fee and no lawyer is needed. Client Security Commission, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319; (515) 348-4670. |
Iowa rules to know first
| Requirements for a valid will | Any person of full age and sound mind may make a will (subject to the surviving spouse's elective share). The will must be in writing, signed by the will-maker (or by another person in the will-maker's presence and at their express direction), declared by the will-maker to be their will, and signed by two competent witnesses who sign in the presence of the will-maker and of each other. "Presence" can include real-time electronic means where the will-maker and witnesses can see and hear each other. "Full age" means legal adulthood under Iowa law. Source: Iowa Code §§ 633.264, 633.279 |
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| 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 |
| How probate works | 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. |
Find and check a lawyer
| Lawyer referral service | The Iowa State Bar Association's Iowa Find-A-Lawyer is a free, voluntary web-based referral program that matches the public with Iowa attorneys; the ISBA refers all phone calls from people looking for a lawyer to this website. "Attorneys listed in this directory charge $25 or less for up to 30 minutes of initial consultation"; when you contact a lawyer, say you found them through the program and ask what they charge. ISBA phone (general): (515) 243-3179. Ways to get legal help: https://www.iowabar.org/?pg=Waystogetlegalhelp |
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| Check that the lawyer is licensed | The Iowa Supreme Court's commissions maintain an online "Search Iowa Attorneys" database of lawyers licensed by the Supreme Court of Iowa. Search by name, business county, city or state, good-standing status and license status (such as active, inactive, suspended, revoked, emeritus or deceased). It covers lawyers in good standing, inactive, suspended, revoked, deceased and in-house registrants; home addresses and phone numbers are not released. |
| Check discipline history or file a complaint | Ethics complaints about Iowa lawyers go to the Iowa Supreme Court Attorney Disciplinary Board, which receives and investigates them. Use the court-approved complaint form (online, or downloadable PDF to mail), one per attorney, with copies (not originals) of supporting documents and the case name and number if any. There is no charge; the system is funded by assessments on Iowa lawyers. The Board cannot resolve fee disputes, which are generally contract matters for district court, though charging a clearly excessive fee is an ethics issue. Lawyers with prior public discipline are listed on the Iowa court commissions site. Phone: 515-348-4680. Complaint instructions: https://www.iowacourts.gov/opr/attorneys/attorney-discipline/complaint-against-a-lawyer/ |
Free legal help
| Free legal aid | Iowa Legal Aid, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Iowans; toll-free (800) 532-1275, iowalegalaid.org. Other free options listed by the federal court for Iowa include the University of Iowa Clinical Law Program ((319) 335-9030, toll-free (866) 251-5491) and the Drake University Legal Clinic ((515) 271-3851). Iowa Free Legal Answers (iowa.freelegalanswers.org) lets qualifying users post civil legal questions at no cost. Phone numbers from https://www.iand.uscourts.gov/content/how-can-i-find-attorney |
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All legal help in Iowa · Do I need a lawyer?
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.