When a decedent’s real property sits in probate, a personal representative (executor or administrator) usually needs the court’s permission to sell it. Clerks can point you to forms and filing fees but cannot give legal advice. This guide explains the practical steps to obtain court approval in Iowa, what filings typically look like, and where to get help if the clerk won’t or cannot explain the legal requirements.

Detailed answer — step‑by‑step for obtaining court permission (Iowa)

1. Confirm whether an estate case already exists and who the personal representative is. If a probate case is open, it will list the appointed personal representative and the case number. You can ask the clerk for the case number and the file index (a clerical matter). If no case exists, someone must open probate by filing a petition to probate the will and appoint a personal representative or file an application for appointment. See Iowa Judicial Branch probate forms and instructions: Iowa Judicial Branch — Probate & Estate forms.
2. If no personal representative exists, start probate or use a small‑estate process if eligible. To get authority to sell, the court normally must first appoint a representative. If the estate qualifies for a simplified or small‑estate procedure, you may be able to transfer certain property without full administration. Check the Iowa Code and court forms to see if a simplified route applies: Iowa Code — Chapter 633 (Probate and Administration), and the Iowa Judicial Branch probate forms page above.
3. If a personal representative exists, prepare and file a petition for authority to sell real estate. Typical contents of the petition include: case caption and number; identity of the petitioner (PR); the decedent’s name and date of death; a description of the property; the reason for the proposed sale (paying debts, distributing proceeds, preserving value, etc.); a copy of any listing or purchase agreement; an appraisal or statement of value; and a proposed form of court order. Use the court’s local forms if available. Many counties provide a fillable petition or instructions on the Iowa Judicial Branch site above.
4. Serve notice to interested persons and follow statutory notice rules. The court will require notice to heirs, beneficiaries, devisees, creditors with liens, and other interested parties. Notices must be served according to the Code and local rules. The clerk can tell you how to file proof of service but cannot advise you which specific persons to notify; consult the Iowa statutes or an attorney for that legal determination. For general statutory authority on probate procedure, see the Iowa Code: Iowa Code — Chapter 633.
5. Attend the hearing and obtain a signed order authorizing the sale. After filing the petition and completing required notice, the court will set a hearing. If the judge grants the petition, the court will issue an order authorizing the PR to sell the property (often with conditions). Keep a certified copy of that order—buyers, title companies, and the county recorder will usually require it before closing or recording a deed.
6. Complete the sale under the court’s order and report to the court. After the sale, the PR will typically file written proof of sale, request approval of sale proceeds and payment of debts, and, eventually, a final accounting or petition for distribution. Follow the court’s directions and local rules for filings and timelines.

What to file and documents you typically need

• Petition for authority to sell real estate (or petition for appointment plus petition to sell if no PR yet).
• Certified copy of the decedent’s death certificate.
• Copy of the will (if there is one) and proof of filing the will with the court.
• Inventory or preliminary statement of estate assets.
• Listing agreement, purchase agreement, or appraisal of the property.
• Proposed order authorizing sale (courts often accept a draft proposed order).
• Proof of service of required notices.

What to do if the clerk won’t or can’t explain filing requirements

Clerks are court employees and can explain procedural, non‑legal matters (where to find a form, filing fees, when hearings are calendared). They cannot give legal advice about what to include in pleadings, which parties must be notified, or the legal effect of documents. If a clerk refuses to help with clerical matters or if you need legal guidance, try the following:

• Ask the clerk for the exact location of the relevant probate forms and the local fee schedule. Clerks can provide these.
• Request the court’s self‑help center or court administrator contact. Many Iowa courts maintain public self‑help resources online or by phone.
• Review the Iowa Judicial Branch probate forms and instructions online: Iowa Judicial Branch — Probate & Estate forms.
• Consult the Iowa Code for statutory requirements: Iowa Code — Chapter 633. Use statute language to identify notice periods and procedural mandates.
• Contact legal aid or ask for an attorney referral. Iowa Legal Aid and local bar referral services can help if you qualify for assistance or need a short paid consultation: Iowa Legal Aid. Also check the Iowa State Bar Association lawyer referral resources.
• Consider hiring a probate attorney for a limited scope engagement (prepare and file the petition or review documents). This is often cost‑effective and reduces delays.

Practical points buyers and title companies consider

Even if the will grants a personal representative the power to sell, title companies often require a court order permitting sale or a court confirmation deed to insure title. Selling through probate without a clear court order can complicate closings and delay payment to the estate. Ask the buyer’s title company early whether it will accept a PR’s deed or requires a court order/confirmation.

Helpful hints

• Start by locating the probate case number (if any). That streamlines filings and access to the case file.
• Use the Iowa Judicial Branch probate forms page for model documents and checklists: https://www.iowacourts.gov/for-the-public/court-forms/probate—estate-administration/
• Prepare a simple proposed order authorizing sale and include it with your petition to reduce drafting objections.
• Provide an appraisal or comparable sales to justify a private sale price if you don’t plan a public auction.
• Serve all likely interested parties and file proof of service promptly. Missing notice is the most common procedural problem.
• Keep copies of everything you file and obtain certified copies of any court order authorizing the sale.
• If time is urgent (failing property value), include an explanation in your petition and request expedited hearing or temporary authority when appropriate.
• If you can’t afford an attorney, call Iowa Legal Aid or local law clinics; many counties have pro bono or low‑cost probate help.