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Clarke County, IA Probate Information
Quick facts
| Item | Clarke County information |
|---|---|
| Court | Iowa District Court for Clarke County |
| Filing office | Clerk of the district court, Clarke County |
| Courthouse address | Clarke County Courthouse, 100 South Main Street, Osceola, IA 50213 |
| Mailing address | 100 South Main Street, Osceola, IA 50213 |
| Phone | 641-342-6096 |
| Fax | 641-342-2463 |
| [email protected] | |
| Hours | Published clerk hours were not available. Call 641-342-6096 before traveling to confirm current hours, any lunch closure and any filing cutoff. |
| Filing fee | Court costs are charged under Iowa Code 633.31: 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. The clerk can explain when costs are collected. |
| Local forms | No Clarke County-specific probate form, cover sheet or checklist was located. |
| E-filing | Iowa uses EDMS. Attorneys and self-represented filers must e-file unless an exception is allowed under Iowa Ct. R. 16.302. |
| Case search | Iowa Courts Online, https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Public docket search is free and does not require registration. Court documents are viewed at a courthouse terminal in the county where the case was filed. |
| Remote appearance | Iowa proceedings are presumed in person. If a Clarke County hearing is set, a party asks to appear remotely by motion under Iowa Ct. R. 15.302. |
| Website | Iowa Judicial Branch Clarke County page and Clarke County government at https://clarkecounty.iowa.gov |
Before you begin — know the assets and liabilities
Before you choose a probate path in Clarke County, make a working list of the assets, debts, title documents, beneficiary designations and accounts. That first inventory controls whether estate settlement can stay outside a court case, whether a chapter 635 small estate case is possible, or whether a full chapter 633 administration is needed.
Sunset's 2,300-institution asset discovery helps families look for accounts before filing in Osceola. A clearer asset picture makes the estate settlement packet more accurate, helps avoid the wrong filing route and gives a local attorney better facts to work with.
Which court handles jurisdiction
Probate for Clarke County is filed with the clerk of the district court at the courthouse in Osceola. One courthouse serves the county for the local facts available for this page: 100 South Main Street, Osceola, IA 50213.
Clarke County includes the incorporated cities of Murray, Osceola and Woodburn. Osceola is the Clarke County seat and courthouse city. Do not confuse the city of Osceola in Clarke County with Osceola County, a different Iowa county.
Venue is governed by Iowa Code 633.12. The district court of the county where the decedent resided at death has jurisdiction over the estate. For a nonresident, venue is in the Iowa county where the property is located or later brought. Clarke County is in Iowa's Fifth Judicial District, but the district is an administrative grouping. A Clarke County case is filed in Osceola, not in Des Moines, Corning or another county seat.
The jurisdiction process
- Collect the death certificate, the original will if there is one, a list of probate assets and debts, and the names and addresses of heirs, devisees and known creditors. Anyone holding the will after learning of the death must deliver it to the court with jurisdiction over the estate (Iowa Code 633.285).
- Choose the Iowa route before filing. The affidavit route under Iowa Code 633.356 is presented to the property holder, not opened with the clerk. A chapter 635 small estate administration, probate of a will without administration, or full chapter 633 administration is filed with the clerk of the district court in Osceola.
- Prepare the petition and related documents. Iowa does not provide a general probate form packet, and Clarke County does not publish a local probate cover sheet or checklist. If the original will is part of the case, scan and e-file it, keep the paper original as required, and know that the filer may submit it to the clerk for nonelectronic preservation after e-filing (Iowa Ct. R. 16.411).
- Register for EDMS and e-file with the Clarke County clerk of the district court, unless an exception is allowed under Iowa Ct. R. 16.302. A self-represented person who cannot reasonably e-file should ask the clerk how to request a one-time paper exception or a case-long exception by court order.
- Pay or address court costs. Iowa Code 633.31 charges 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. A person who cannot afford court costs can file an Application to Defer Costs for a judge to decide.
- After the court authorizes the appointment and the oath and any required bond are handled, the clerk issues the authority document. In a chapter 633 estate, that may be letters testamentary or letters of administration under Iowa Code 633.178. In a chapter 635 small estate, the clerk issues letters of appointment under Iowa Code 635.1.
- Give notice. 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 notice to known creditors as required. Claims are filed with the clerk by the later of four months after the second publication or one month after mailed notice to that creditor (Iowa Code 633.410).
- File the report and inventory within 120 days after qualification unless the court allows more time (Iowa Code 633.361). The report and inventory is also the base for the Iowa Code 633.31 court-cost calculation.
- Most Iowa probate is handled on the papers filed with the clerk, but a hearing can be set if someone objects, the court orders one, or a contested issue arises. If a Clarke County hearing is set and you want to appear remotely, file a motion under Iowa Ct. R. 15.302.
- Administer and close the estate. A chapter 635 small estate closes by closing statement and clerk discharge under Iowa Code 635.8. A chapter 633 estate closes through a final report and the court's order approving the report and discharging the personal representative.
Forms and documents
Probate forms in Clarke County
No Clarke County-specific probate form, cover sheet or checklist was located on the county government site or on the Iowa Judicial Branch Clarke County page. Iowa also does not publish a general probate form packet, and its interactive court-form program does not cover probate.
That means a self-represented filer in Clarke County must draft the petition, notices, report and inventory and closing papers from the Iowa Code requirements, or work with an Iowa probate attorney. The clerk can accept filings and issue letters when the legal requirements are met, but the clerk cannot choose the route or draft papers for you.
Local nuance
Clarke County-specific considerations
| Local point | What it means |
|---|---|
| One local filing location | File Clarke County probate with the clerk of the district court at the courthouse in Osceola. Sharing Iowa's Fifth Judicial District with other counties does not move the filing counter. |
| Clerk contact options | The Clarke County clerk publishes a phone number, fax number and office email. EDMS remains the filing system under Iowa Ct. R. 16.302, so fax and email are not substitutes for e-filing unless the clerk or court allows an exception. |
| Hours should be checked before travel | Call 641-342-6096 before going to the courthouse to confirm current public hours, any lunch closure and any filing cutoff. |
| No local probate packet | Clarke County does not publish a probate form packet, cover sheet or checklist for families. Plan to draft from the statutes or ask a lawyer to prepare the filings. |
| Osceola name caution | Osceola is the Clarke County courthouse city. Osceola County is a different Iowa county, so use Clarke County and Osceola together when searching or calling. |
Recent updates
| Change | What changed |
|---|---|
| Affidavit route | The Iowa Code 633.356 affidavit ceiling rose to $100,000 effective July 1, 2026, and the route now 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. This change took effect on the same date as the Iowa Code 633.356 amendment. |
| Iowa tax | Iowa imposes no inheritance tax on the estate of a person who died on or after January 1, 2025 (Iowa Code 450.98). |
Scenarios
| Scenario | Likely Clarke 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 Iowa Code 633.31 court-cost base, but any probate case that is needed is filed with the clerk in Osceola through EDMS under Iowa Ct. R. 16.302. | Sunset helps identify accounts, organize title information and prepare questions for a Clarke County filing or an Iowa probate attorney. |
| Out-of-state adult child with a small estate | If the probate assets are only personal property and there is no interest in real estate, the Iowa Code 633.356 affidavit may go directly to the holder. If any real estate interest exists, the path shifts to chapter 635 or chapter 633 in Osceola. | Sunset helps sort assets by type, flag real estate issues and assemble the documents an attorney or the clerk will ask to see. |
| Parent settling a predeceased child's estate, home must be sold | A home means the affidavit route is not the right fit. The family usually needs a court case in Clarke County, authority from the clerk and administration before sale and distribution. | Sunset helps find accounts, build the estate settlement checklist and connect the family with a local probate attorney for the real estate work. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Clarke County | 100 South Main Street, Osceola, IA 50213. Phone 641-342-6096, fax 641-342-2463, email [email protected]. The clerk receives filings, issues letters and collects court costs, but cannot give legal advice. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case-type priorities. Call 1-800-532-1275. Iowans 60 and older can call 1-800-992-8161. |
| Iowa Free Legal Answers | At iowa.freelegalanswers.org, income-eligible Iowans can post civil legal questions for volunteer Iowa attorneys to answer. It is a Q&A service, not representation. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association offers a searchable lawyer directory at iowabar.org, 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 Osceola. A judge decides whether costs can be postponed. |
| Iowa Courts Online | Use https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame to search the public docket for free. Registration is not required. Case documents are viewed at a courthouse terminal in the county where the case was filed. |
When to hire an attorney
A lawyer is especially useful in Clarke County when the estate includes real estate, an out-of-state personal representative, unclear title, missing beneficiaries, creditor issues, a tax question for a pre-2025 death, or any family dispute. Iowa does not provide a ready probate form packet, so even an uncontested estate settlement can involve drafting that families do not want to do alone. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 financial institutions to help families identify accounts, balances and leads before they choose an Iowa probate path.
Generate the probate packet. Sunset organizes the information needed for an Iowa estate settlement, including assets, debts, heirs, documents and filing details for the Clarke County clerk in Osceola.
Find a local probate attorney. When a lawyer makes sense, Sunset helps connect the family with a vetted Iowa probate attorney who can handle filings, real estate issues and court questions.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Clarke County, Iowa?
File with the clerk of the district court for Clarke County at the courthouse in Osceola, 100 South Main Street, Osceola, IA 50213. Clarke County is in Iowa's Fifth Judicial District, but a Clarke County estate is filed in Osceola.
Does Clarke County have its own probate forms?
No Clarke County-specific probate form, cover sheet or checklist was located. Iowa also does not provide a general probate form packet, so many families draft from the statutory requirements or work with an Iowa probate attorney.
Can I e-file a Clarke County probate case myself?
Yes. Iowa uses EDMS, and self-represented filers must use it unless an exception is allowed under Iowa Ct. R. 16.302. If you cannot reasonably e-file, ask the Clarke County clerk how to request a one-time paper exception or a case-long exception by court order.
What are the Clarke County clerk's hours?
Published clerk hours were not available for this page. Call 641-342-6096 before traveling to confirm current public hours, any lunch closure and any filing cutoff.
How much does probate cost in Clarke County?
Iowa Code 633.31 controls the main court cost: 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. Clarke County does not set a separate local probate price for opening an estate.
Will I have to attend a hearing in Osceola?
Most Iowa probate matters are handled on the papers filed with the clerk, but a hearing can be set if someone objects, the court orders one, or a contested issue arises. If a hearing is set and you want to participate remotely, the request is made by motion under Iowa Ct. R. 15.302.
How do I look up a Clarke County probate case?
Use Iowa Courts Online at https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Public docket search is free and does not require registration. Court documents are viewed at a courthouse terminal in the county where the case was filed.
Do Murray or Woodburn residents file somewhere other than Osceola?
No. Clarke County probate for Murray, Osceola, Woodburn and the rest of the county is filed with the clerk of the district court in Osceola, unless Iowa venue law points to another county because the decedent lived elsewhere or the Iowa property is elsewhere (Iowa Code 633.12).
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.