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Butler County, IA Probate Information
Quick facts
| Item | Butler County details |
|---|---|
| Court | Iowa District Court for Butler County |
| Judicial district | Iowa's Second Judicial District. File Butler County cases in Allison. |
| Courthouse address | Butler County Courthouse, 428 6th Street, Allison, IA 50602 |
| Mailing address | Clerk of the district court, 428 6th Street, Box 307, Allison, IA 50602 |
| Phone | 319-242-3570 |
| Fax | 319-224-6855. Fax is not the filing channel for starting probate. |
| [email protected]. Email is for office contact, not a substitute for EDMS filing. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. No local lunch closure or filing cutoff is published, so call before traveling. |
| Filing fee | Iowa uses the court cost structure in Iowa Code 633.31: 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 your filing. |
| Local forms | Butler County publishes no local probate form, cover sheet, or checklist. |
| E-filing | EDMS is required for attorneys and self-represented filers under Iowa Ct. R. 16.302. Good-cause paper exceptions are handled through the clerk or by court order. |
| Case search | Iowa Courts Online provides free public docket search with no registration or subscription. The docket is an index of filings and events, while public documents are viewed at a courthouse terminal in the county where the case was filed. |
| Remote appearance | Iowa proceedings are presumed in person. A party asks for remote appearance by motion under Iowa Ct. R. 15.302, and the judge decides case by case. |
| Website | County government site: https://butlercounty.iowa.gov. Iowa court contact information is also published by the Iowa Judicial Branch. |
Before you begin — know the assets and liabilities
Before filing in Butler County, list the assets, debts, heirs, beneficiaries, and how each asset is titled. That local preparation matters because Butler County does not publish a probate packet, and the clerk can receive filings but cannot choose the estate settlement route for you.
Sunset's 2,300-institution asset discovery helps families look for bank, brokerage, retirement, and insurance relationships before they decide whether a Butler County probate case is needed. A clearer asset picture also helps you ask the Allison clerk or a local attorney better questions.
Which court handles jurisdiction
Probate for Butler County is filed with the clerk of the district court at the Butler County Courthouse, 428 6th Street in Allison. The Iowa District Court for Butler County serves the county from that courthouse, including Allison, Aplington, Clarksville, Dumont, Greene, New Hartford, Parkersburg, and Shell Rock.
Venue follows Iowa Code 633.12. If the person who died resided in Butler County at death, the estate is filed in Butler County. If the person was not an Iowa resident but left Iowa property in Butler County, the Butler County court can be the proper county for that Iowa property. Iowa's Second Judicial District is an administrative grouping, not a reason to file in another county.
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debt information, and the names and addresses of heirs and devisees. Anyone holding the will after learning of the death must deliver it to the court under Iowa Code 633.285.
- Choose the Iowa route before filing: an affidavit for distribution of property under Iowa Code 633.356 when it fits, small estate administration under Iowa Code 635.1, probate of a will without administration, or a full estate under Iowa Code 633. Butler County does not publish a local form packet for this choice.
- Register for EDMS under Iowa Ct. R. 16.302. If you cannot reasonably e-file, call the Butler County clerk at 319-242-3570 during office hours and ask how to request a one-time paper filing exception or a case-long exception by court order.
- E-file the petition with the clerk of the district court for Butler County in Allison. If there is a will, scan and e-file it. The filer keeps the paper original and may submit it to the clerk for non-electronic preservation after e-filing under Iowa Ct. R. 16.411.
- After the court enters the necessary order, the clerk issues the appropriate letters. In a chapter 633 estate, that may mean letters testamentary or letters of administration under Iowa Code 633.178. In a small estate, the clerk issues letters of appointment for administration under Iowa Code 635.1.
- Publish and mail notice as required. Iowa notice is published once each week for two consecutive weeks in a newspaper of general circulation in Butler County and mailed to known creditors and required interested persons under Iowa Code 633.230 and 633.304.
- File the report and inventory with the clerk within 120 days after qualification unless the court allows more time under Iowa Code 633.361. Court costs are then calculated under Iowa Code 633.31 on the probate assets listed in the report and inventory.
- Handle claims filed with the clerk in Allison. Under Iowa Code 633.410, claims are barred unless filed by the later of four months after the second publication or one month after notice is mailed to a reasonably ascertainable creditor.
- Distribute assets only after the required steps are complete. A chapter 635 small estate closes by closing statement and clerk discharge under Iowa Code 635.8. A chapter 633 estate closes by final report and the court's order approving it and discharging the personal representative.
Forms and documents
Probate forms in Butler County
Butler County does not publish a local decedent estate form, cover sheet, or probate checklist. Iowa also does not publish a statewide probate form packet for decedent estate administration, so a self-represented filer generally drafts the petition, notices, and report and inventory from the Iowa Code requirements or works with an attorney.
Before submitting a Butler County filing, call the clerk of the district court in Allison at 319-242-3570 and ask what the office wants included with the filing. If the original will cannot be found, ask the clerk whether a will is on deposit there, because Iowa clerks maintain a file for safekeeping wills under Iowa Code 633.286.
Local nuance
Butler County-specific considerations
| Local point | What it means for a Butler County filing |
|---|---|
| One Allison filing counter | File Butler County probate with the clerk of the district court at the Butler County Courthouse, 428 6th Street in Allison. Do not use another Second Judicial District county seat. |
| Use the current clerk phone | The clerk's published phone number is 319-242-3570. Use that number for questions about hours, EDMS exceptions under Iowa Ct. R. 16.302, and what to include with a filing. |
| Mailing includes Box 307 | The clerk's mailing address is 428 6th Street, Box 307, Allison, IA 50602. Filing still goes through EDMS unless an exception is granted. |
| Weekly court schedule | Butler County publishes a weekly courthouse schedule listing district court on alternating Mondays, magistrate court on Tuesdays, and associate court on Wednesdays. It does not name a probate day, and most Iowa probate is handled on the papers unless an objection, court order, or contested issue creates a hearing. |
| No local packet | Butler County publishes no local probate form, cover sheet, or checklist. Call the clerk before filing if you are unsure what the counter expects. |
Recent updates
| Change | 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 | The report and inventory deadline is 120 days after qualification under Iowa Code 633.361, effective July 1, 2026. |
| Iowa inheritance tax | For deaths on or after January 1, 2025, Iowa imposes no inheritance tax under Iowa Code 450.98. Iowa also has no state estate tax. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Butler County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. Joint tenancy property is outside the probate-asset base used for Iowa Code 633.31 court costs. If an estate is still needed, file through EDMS with the clerk in Allison. | Sunset helps identify accounts, ownership, beneficiary designations, and debts so the spouse can see whether a probate filing is part of the estate settlement. |
| Out-of-state adult child with a small estate | If the estate has only personal property and no interest in real estate, the Iowa Code 633.356 affidavit may be presented directly to the holder of property after forty days under Iowa Code 633.356. If court administration is needed, chapter 635 small estate administration may apply at $200,000 under Iowa Code 635.1, and a nonresident personal representative needs a court order under Iowa Code 633.64. | Sunset works with families wherever they live, helps find accounts, and prepares the information needed to ask the Allison clerk and a lawyer targeted questions. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit route is not available when the estate includes real estate. The estate will need a court case in Allison and letters from the clerk before sale authority and transfer steps can be handled. | Sunset organizes the asset picture, generates the Butler County probate packet, and connects the family with a local probate attorney for the real estate sale. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Butler County | 428 6th Street, Box 307, Allison, IA 50602. Phone 319-242-3570, fax 319-224-6855, email [email protected]. The clerk receives probate filings, issues letters, and collects court costs. The clerk cannot give legal advice or choose the filing route. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case-type priorities. Call 1-800-532-1275, or 1-800-992-8161 for Iowans age 60 and older. |
| Iowa Free Legal Answers | At iowa.freelegalanswers.org, income-eligible Iowans can post a civil legal question for a volunteer Iowa attorney. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association directory at iowabar.org is searchable by practice area, county, and city, with a reduced fee for up to thirty minutes of initial consultation. |
| Application to Defer Costs | If you cannot afford court costs, file a written Application to Defer Costs with the Butler County clerk in Allison. A judge decides whether costs may be postponed. |
| Iowa Courts Online | Search public dockets at https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Technical help desk: 1-800-831-1396. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify bank, brokerage, retirement, insurance, and other accounts that may belong in the estate settlement plan.
Generate the probate packet. Sunset uses the information you provide to assemble a probate packet tailored to Butler County filing details, including the Allison courthouse, the clerk's mailing address, and EDMS filing under Iowa Ct. R. 16.302.
Find a local probate attorney. When the estate needs legal advice, real estate sale authority, contested-probate help, or guidance on which Iowa route fits, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next steps, and decide what help they need before paying for legal work.
Frequently asked questions
Where do I file probate for Butler County, Iowa?
File with the clerk of the district court for Butler County at the Butler County Courthouse, 428 6th Street in Allison. Butler County is in Iowa's Second Judicial District, but the filing stays in Allison.
What is the Butler County clerk's phone number for probate questions?
Call the Butler County clerk of the district court at 319-242-3570. The office is open Monday through Friday, 8:00 a.m. to 4:30 p.m. Call before traveling if you need to ask about filing cutoffs or what to bring.
Does Butler County have local probate forms?
No. Butler County publishes no local decedent estate form, cover sheet, or checklist. Iowa also does not provide a statewide decedent estate probate packet, so many families use an attorney or a document-preparation service for the petition and related papers.
Is e-filing required in Butler County probate?
Yes. Iowa requires EDMS filing for attorneys and self-represented filers under Iowa Ct. R. 16.302. If you cannot reasonably e-file, ask the Butler County clerk how to request a one-time paper exception or a case-long exception by court order.
Is there a probate hearing day in Butler County?
Butler County publishes a weekly courthouse schedule with district court on alternating Mondays, magistrate court on Tuesdays, and associate court on Wednesdays. It does not list a probate-specific day. Most Iowa probate is handled on the papers filed with the clerk unless an objection, court order, or contested issue requires a hearing.
Can I appear remotely for a Butler County probate hearing?
Possibly, but not as of right. Iowa proceedings are presumed in person, and a party requests remote appearance by motion under Iowa Ct. R. 15.302. The judge decides case by case.
How do I look up a Butler County probate case?
Use Iowa Courts Online for free public docket search. The public docket is an index of filings and events. Public case documents are viewed at a courthouse terminal in the county where the case was filed.
What does it cost to open probate in Butler County?
Iowa does not use a single flat opening charge for decedent estates. Court costs follow Iowa Code 633.31, including 0.2% of the probate assets listed in the report and inventory, plus statutory flat items where they apply.
Do I have to travel to Allison to handle a Butler County estate?
Not necessarily. EDMS filing under Iowa Ct. R. 16.302 lets filings be submitted electronically, and many uncontested Iowa probate steps are handled on the papers. If a hearing is set, ask about a motion for remote appearance under Iowa Ct. R. 15.302.
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.