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Audubon County, IA Probate Information
Quick facts
| Item | Audubon County information |
|---|---|
| Court | Iowa District Court for Audubon County |
| Filing office | Clerk of the district court, Audubon County Courthouse |
| Courthouse address | 318 Leroy Street, Audubon, IA 50025 |
| Mailing address | No separate post office box is published. Address mail to the clerk of the district court at 318 Leroy Street, Audubon, IA 50025, and call first for anything time-sensitive. |
| Phone | 712-563-4275 |
| Fax | Call the clerk to confirm the current fax number before sending anything by fax. |
| [email protected] | |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. No lunch closure or filing cutoff is published. |
| Judicial district | Iowa's Fourth Judicial District. The district is an administrative grouping, not a different filing counter. |
| Filing fee | Iowa uses the statewide court-cost formula in Iowa Code 633.31, including 0.2% of the probate assets listed in the report and inventory, plus statutory flat items where they apply. Ask the clerk how costs are collected in the case. |
| Local forms | Audubon County publishes no local probate form, cover sheet or checklist. |
| E-filing | EDMS filing is required statewide, including for self-represented filers, with exceptions available under Iowa Ct. R. 16.302. |
| Case search | Iowa Courts Online provides a free public docket search with no registration. The docket is an index of filings and proceedings. Public documents are reviewed at a courthouse terminal in the county where the case was filed. |
| Remote appearance | Iowa proceedings are presumed in person. A party asks for a remote or hybrid appearance by motion under Iowa Ct. R. 15.302, and the judge decides case by case. |
| Website | Audubon County government site: auduboncountyia.gov. The Iowa Judicial Branch also publishes the court contact listing. |
Before you begin — know the assets and liabilities
Before you file in Audubon County, make a working list of probate assets, non-probate transfers, debts, the original will if one exists, and who needs notice. Iowa court costs depend on the probate assets listed in the report and inventory under Iowa Code 633.31, so the first practical estate settlement task is understanding what is in the estate.
Sunset's free platform can help families search across more than 2,300 financial institutions, organize account information, and prepare for the filings an Audubon County personal representative may need. That asset picture also helps you decide whether to ask a lawyer before opening an estate settlement case in the Iowa District Court for Audubon County.
Which court handles jurisdiction
Probate for Audubon County is filed with the clerk of the district court at the Audubon County Courthouse, 318 Leroy Street, Audubon, IA 50025. The case is in the Iowa District Court for Audubon County.
Iowa venue is based on the county where the decedent resided at death. For a nonresident, venue can be in the county where Iowa property is located, where the person died leaving property, or where property is later brought (Iowa Code 633.12).
Audubon County is part of Iowa's Fourth Judicial District with other western Iowa counties. That district grouping does not move the filing to Council Bluffs or any other county seat. If the decedent lived in Audubon County at death, the local filing office is the clerk in Audubon.
The jurisdiction process
- Find the death certificate, the original will if one exists, and a first list of assets and debts. Anyone holding the will after learning of the death must deliver it to the court that has jurisdiction over the estate (Iowa Code 633.285).
- Decide which Iowa route fits the estate before you file. The affidavit for distribution of property under Iowa Code 633.356 is not filed with the clerk and applies only when its statutory requirements are met. Small estate administration under Iowa Code 635, probate of a will without administration, and full administration are court routes handled in the district court.
- Register for EDMS or ask the Audubon clerk how to request an exception. Iowa requires electronic filing through EDMS for attorneys and self-represented filers, with one-time and case-long exceptions addressed in Iowa Ct. R. 16.302.
- E-file the petition with the clerk of the district court for Audubon County. If there is an original will, scan and e-file it, retain the paper original, and ask the clerk whether to submit it for non-electronic preservation under Iowa Ct. R. 16.411.
- Complete the oath and any bond process the court requires. After the required oath or certification and any required bond, the clerk issues letters testamentary or letters of administration in a chapter 633 estate under Iowa Code 633.178, or letters of appointment in a small estate under Iowa Code 635.1.
- Give notice after letters issue. The personal representative publishes notice once each week for two consecutive weeks in a newspaper of general circulation in the county where the estate is pending and mails required notices to known creditors and the people required by the testate or intestate notice rules (Iowa Code 633.230, 633.304).
- File the report and inventory. The report and inventory is due within 120 days after qualification unless the court allows more time (Iowa Code 633.361).
- Pay court costs as assessed. Iowa Code 633.31 uses 0.2% of the probate assets listed in the report and inventory, plus statutory flat items where they apply.
- Handle claims filed with the clerk. Claims are barred unless filed by the later of four months after the second publication of notice or one month after mailed notice to a reasonably ascertainable creditor, with the Medicaid rule addressed separately (Iowa Code 633.410).
- Distribute and close the estate. A small estate closes by closing statement and clerk discharge under Iowa Code 635.8. A chapter 633 estate closes through the final report and the court's order approving it and discharging the personal representative.
Forms and documents
Probate forms in Audubon County
Audubon County does not publish a local probate form packet, cover sheet or checklist. Iowa also does not publish a statewide decedent-estate form packet through its interactive court-form program, so a self-represented filer usually drafts the petition, notices, and report and inventory from the statute or works with an attorney.
Call the Audubon County clerk of the district court at 712-563-4275 if you are looking for a will that may have been left for safekeeping. Iowa clerks maintain a file for wills deposited for safekeeping and for wills deposited without a petition (Iowa Code 633.286).
Do not send probate filings to the Audubon County Recorder. The recorder is the land-records office in the courthouse, not the probate filing office. Probate filings go through EDMS and the clerk of the district court.
Local nuance
Audubon County-specific considerations
| Local point | What it means for an Audubon County estate |
|---|---|
| One filing counter in Audubon | File Audubon County probate matters with the clerk of the district court at the Audubon County Courthouse, 318 Leroy Street. The Fourth Judicial District groups court administration, but it does not move Audubon filings to another county. |
| Courthouse renovation is complete for probate routing | The courthouse had a renovation and temporary relocation period in 2024 and early 2025. As of this page review, use the Audubon County Courthouse address at 318 Leroy Street and call 712-563-4275 if an older address appears in your papers. |
| Office email is available | The clerk's office email is [email protected]. Email is not a substitute for EDMS filing under Iowa Ct. R. 16.302. |
| Fax number should be confirmed | A fax number is on file with the clerk, but published numbers differ. Call 712-563-4275 before sending anything by fax. |
| Recorder is a separate office | The county recorder handles land records. Probate filings go to the clerk of the district court. The recorder matters only in the narrow affidavit situation described in Iowa Code 633.356(4)(c). |
| Possible will on deposit | If the original will cannot be found, ask the Audubon clerk whether a will is on deposit before assuming none exists (Iowa Code 633.286). |
Recent updates
| Update | What changed |
|---|---|
| Affidavit for distribution of property | The Iowa Code 633.356 affidavit ceiling is $100,000 effective July 1, 2026, and the current test requires probate assets to consist only of personal property with no interest in real estate. |
| Report and inventory deadline | The report and inventory deadline is 120 days after qualification effective July 1, 2026 (Iowa Code 633.361). |
| Iowa inheritance tax | Iowa imposes no inheritance tax for deaths on or after January 1, 2025 (Iowa Code 450.98). |
| Audubon courthouse routing | After the 2024 to 2025 courthouse renovation and temporary relocation period, use the Audubon County Courthouse at 318 Leroy Street as the local filing location. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Audubon County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title. Joint tenancy property is not part of the Iowa Code 633.31 probate court-cost base. If a probate case is still needed for other assets, file through EDMS with the clerk of the district court in Audubon. | Sunset helps identify accounts, debts, and beneficiary designations so the spouse can see what needs probate and what may pass outside the case. |
| Out-of-state adult child with a small estate | If there is no interest in real estate and the Iowa Code 633.356 requirements are met, the affidavit is presented to the holder of the personal property rather than filed with the clerk. If a court case is needed, a nonresident personal representative qualifies by court order under Iowa Code 633.64. | Sunset organizes the asset list, flags institutions to contact, and helps the child decide whether to ask an Iowa attorney about serving from outside the state. |
| Parent settling a predeceased child's estate, home must be sold | Because real estate is involved, the affidavit route is not the path. The family generally needs letters from the clerk in an Audubon County court case before selling estate property, and Iowa Code 633.31 costs use 0.2% of the probate assets in the report and inventory. | Sunset helps collect account information, prepare the probate packet, and connect the family with a vetted Iowa probate attorney for the real estate sale and closing steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Audubon County | Audubon County Courthouse, 318 Leroy Street, Audubon, IA 50025. Phone 712-563-4275. Email [email protected]. The clerk receives filings, issues letters, and collects court costs, but cannot give legal advice, choose the estate route, or complete a petition for you. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case-type priorities. Call 1-800-532-1275. Iowans age 60 and older may call 1-800-992-8161. |
| Iowa Free Legal Answers | At iowa.freelegalanswers.org, income-eligible Iowans can post a civil legal question for a volunteer Iowa attorney to answer. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association provides a lawyer directory at iowabar.org that can be searched by practice area, county, and city, with a reduced-fee initial consultation for participating lawyers. |
| Application to defer costs | If you cannot afford court costs, file an Application to Defer Costs with the clerk of the district court in Audubon. A judge decides whether costs can be postponed. Iowa offers a free interactive form for this request. |
| Iowa Courts Online | Use Iowa Courts Online for free public docket searches. For technical access help, call 1-800-831-1396 during help desk hours. |
When to hire an attorney
Consider an Iowa probate attorney if the estate includes real estate to sell, disputed heirs, a will contest, creditor problems, insolvency, a missing original will, or an out-of-state personal representative. Audubon County publishes no local probate forms, and EDMS filing is required under Iowa Ct. R. 16.302, so legal help can prevent avoidable delays in estate settlement. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can identify bank, investment, retirement, and insurance accounts before filing in Audubon County.
Generate the probate packet. Sunset helps organize the information needed for the petition, notices, inventory work, and next steps in the estate settlement process.
Find a local probate attorney. When the estate needs counsel, Sunset can connect the family with a vetted Iowa probate attorney who understands district court filing, EDMS, and local clerk practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track progress, and understand what to ask the Audubon County clerk or an attorney.
Frequently asked questions
Where do I file probate in Audubon County?
File with the clerk of the district court at the Audubon County Courthouse, 318 Leroy Street, Audubon, IA 50025. The case is in the Iowa District Court for Audubon County. Do not send an Audubon County probate filing to Council Bluffs or another county seat.
Is EDMS required for Audubon County probate?
Yes. EDMS filing is required statewide for attorneys and self-represented filers (Iowa Ct. R. 16.302). If you cannot reasonably file electronically, ask the Audubon clerk how to request a one-time paper filing exception or a case-long exception by court order.
What are the Audubon County clerk hours?
The clerk's office publishes hours of 8:00 a.m. to 4:30 p.m., Monday through Friday. No lunch closure or filing cutoff is published, so call 712-563-4275 before a time-sensitive visit.
Does Audubon County have local probate forms?
No local probate form packet, cover sheet, or checklist is published for Audubon County. Iowa also does not provide a statewide decedent-estate packet through its interactive court-form program.
How much does probate cost in Audubon County?
Iowa court costs in probate are statewide. Iowa Code 633.31 uses 0.2% of the probate assets listed in the report and inventory, plus statutory flat items where they apply. Ask the Audubon clerk how costs will be collected in the case.
Will there be a hearing in an Audubon County probate case?
Most Iowa probate administration is handled on papers filed with the clerk. A hearing can happen if someone objects, the court orders one, or a contested matter arises. No Audubon County probate hearing day is published.
Can I appear remotely in an Audubon County probate matter?
Iowa proceedings are presumed in person. To appear remotely or to request a remote or hybrid proceeding, file a motion under Iowa Ct. R. 15.302. The judge decides case by case.
Can I look up an Audubon County probate case online?
Use Iowa Courts Online for the public docket. It is free and does not require registration. The docket is an index of filings and proceedings. Public documents are reviewed at a courthouse terminal in the county where the case was filed.
What if I cannot find the original will?
Call the Audubon County clerk at 712-563-4275 and ask whether a will is on deposit. Iowa clerks maintain a file for certain wills deposited for safekeeping and for wills deposited without a petition (Iowa Code 633.286).
Do I have to travel to Audubon for probate?
Filing is through EDMS under Iowa Ct. R. 16.302, so many filings are submitted electronically. If a hearing is set, appearance method depends on the court's order and any motion under Iowa Ct. R. 15.302. Call the clerk for local logistics, but ask a lawyer for legal advice.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.