Probate Attorney Fees in Iowa

What probate lawyers charge in Iowa, how the statutory ceiling works, and how it stacks with the executor fee.

§ 633.198 · statutory ceiling FigureMyTax Editorial Team

Quick answer: Iowa caps the ordinary probate attorney fee at the same 6/4/2% schedule used for executors, under Iowa Code § 633.198 — a reasonable, court-approved amount not exceeding that ceiling. On a $500,000 estate that's up to $10,120, separate from the executor fee. Estimate the whole picture in the Iowa probate cost calculator.

The statutory ceiling

Iowa Code § 633.198: the attorney for the personal representative is allowed a reasonable fee determined by the court, not exceeding the schedule of fees provided for personal representatives — that is, 6% of the first $1,000, 4% of the next $4,000, and 2% over $5,000 of the gross probate inventory.

Because § 633.197 sets the same ceiling for the executor, the two fees stack: an estate can pay both at the schedule. Extraordinary services (real estate sales, tax disputes, contested matters) can earn more under § 633.199, subject to court approval.

Attorney fee at the schedule

Estate (probate inventory)Attorney fee ceiling
$100,000$2,120
$300,000$6,120
$500,000$10,120
$1,000,000$20,120

$220 on the first $5,000, then 2% above. These are maximums — the court can allow less for a simple estate, and can allow extraordinary fees for unusual work.

Facing probate in Iowa?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Iowa attorney

Questions to ask before hiring

  • Will you charge the full schedule, or less for a straightforward estate?
  • Do you expect any extraordinary fees under § 633.199, and for what?
  • Is your fee separate from the executor fee? (Yes — both come from the estate.)
  • Can this estate use the $100,000 small estate affidavit or Chapter 635 administration?

Ways to reduce legal fees

  • Small estate affidavit — personal property up to $100,000, usually no attorney needed.
  • Keep assets out of the inventory — POD/TOD, joint tenancy and trusts shrink the fee base.
  • Ask for less than the ceiling on a simple estate — the schedule is a maximum, not a required fee.

Iowa probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Iowa?

Iowa caps the ordinary fee at the same 6/4/2% schedule used for executors. On a $500,000 estate that's up to $10,120.

Is the Iowa attorney fee ceiling always fully claimed?

No — it's a maximum the court can allow, and courts can award less for a straightforward estate.

Does the attorney fee schedule use the same base as the executor fee?

Yes — both are calculated on the gross probate inventory, using identical percentage brackets.

Can an Iowa attorney earn more than the schedule for unusual work?

Yes — section 633.199 allows additional court-approved compensation for extraordinary services.

Does using the small estate affidavit reduce Iowa attorney fees?

Usually yes — it requires less attorney time than a full probate administration.

Estimate for general guidance only, not legal advice. Iowa caps the ordinary probate attorney fee at the § 633.197 schedule (6% first $1,000, 4% next $4,000, 2% over $5,000 of the gross probate inventory) under § 633.198, separate from the executor fee. Both are court-approved maximums that can be less; extraordinary fees are possible under § 633.199. Verify with a licensed Iowa attorney.