Back to Iowa
Des Moines County, IA Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Iowa District Court for Des Moines County |
| Filing office | Clerk of the district court, Des Moines County Courthouse, 513 North Main Street, Burlington, IA 52601 |
| Mailing address | P.O. Box 158, Burlington, IA 52601 |
| Phone | 319-753-8262 |
| Fax | 319-753-8253 |
| [email protected]. This is not a filing channel. | |
| Hours | The courthouse publishes hours of Monday through Friday, 8:00 a.m. to 4:30 p.m., with department hours varying and holiday closures. Call the clerk before traveling to confirm counter hours, lunch closures and filing cutoffs. |
| Filing fee | Iowa Code 633.31 uses a statewide court-cost formula: 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. Ask the Burlington clerk how the cost will be assessed in the case. |
| Local forms | No Des Moines County probate form, cover sheet or checklist is posted by the county. |
| E-filing | EDMS is required for attorneys and self-represented filers, with exceptions available through the clerk or by court order under Iowa Ct. R. 16.302. |
| Case search | Iowa Courts Online provides free public docket search with no registration. The docket is an index. Public case 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 who wants a remote appearance files a motion, and the judge decides under Iowa Ct. R. 15.302. |
| Website | County site: https://desmoinescounty.iowa.gov/courts/. State judiciary site: https://www.iowacourts.gov/. |
Before you begin — know the assets and liabilities
Before you choose a probate route in Des Moines County, make a practical list of the assets, debts, account holders, real estate and beneficiary designations. The right estate settlement path depends on what is actually in the estate, not only on whether there is a will.
Sunset can help build that picture by searching across 2,300 financial institutions for accounts and assets, then organizing the information you need before you e-file in EDMS or speak with a Des Moines County probate attorney.
Which court handles jurisdiction
Probate for Des Moines County is filed with the clerk of the district court at the Des Moines County Courthouse in Burlington, in the Iowa District Court for Des Moines County. The county sits in Iowa's Eighth Judicial District, but the district is an administrative grouping. A Des Moines County case stays with the Burlington clerk rather than moving to another county seat.
Iowa venue turns on the county where the decedent resided at death. If the decedent was not an Iowa resident, venue can be the county where Iowa property is located or later brought (Iowa Code 633.12). The Burlington courthouse serves Des Moines County communities including Burlington, Danville, Mediapolis, Middletown and West Burlington.
The jurisdiction process
- Gather the death certificate, the original will if one exists, asset information, debt information and the names and addresses of heirs, devisees and known creditors. Anyone holding the will after the testator's death must deliver it to the court with jurisdiction over the estate (Iowa Code 633.285).
- Choose the Iowa route before filing. The affidavit for distribution of property under Iowa Code 633.356 is not filed as a court case and applies only when its requirements are met. A chapter 635 small estate, probate of a will without administration, and a full chapter 633 administration are court filings handled through the Burlington clerk.
- Register for EDMS or ask the clerk how to request an exception. Iowa requires electronic filing for attorneys and self-represented filers, while Iowa Ct. R. 16.302 allows one-time and case-long exceptions when the rule permits.
- E-file the petition with the clerk of the district court for Des Moines County. If there is an original will, scan it and e-file the scanned document. The filer keeps the original and may submit it to the clerk for nonelectronic preservation after e-filing under Iowa Ct. R. 16.411.
- After the required oath and any required bond, the clerk issues the authority document. In a chapter 633 estate, that means letters testamentary or letters of administration under Iowa Code 633. 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 required notices to known creditors and other persons entitled to notice under the testate or intestate rules.
- File the report and inventory within 120 days after qualification unless the court allows more time (Iowa Code 633.361). Iowa Code 633.31 then applies the 0.2% court-cost formula to probate assets listed in the report and inventory.
- Handle claims and administration. Claims are filed with the clerk by the later of four months after the second publication or one month after mailing to a reasonably ascertainable creditor (Iowa Code 633.410). A hearing is not set by default in every Iowa estate, but the court can hold one if an objection, request or contested issue arises.
- Distribute and close. A chapter 635 small estate closes through a 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 the report and discharging the personal representative.
Forms and documents
Probate forms in Des Moines County
Des Moines County does not post a local probate form, cover sheet or checklist for estate filings. The county's probate search points to no local estate packet, and the county Courts page directs court users to the Iowa Judicial Branch for broader court information.
Iowa also does not provide a statewide fill-in probate packet for a decedent's estate. A self-represented filer in Burlington usually drafts the petition, notices and report and inventory from Iowa statutory requirements or works with a lawyer. Because a local clerk may have counter preferences even when no form is posted, call 319-753-8262 before submitting a filing.
Local nuance
Des Moines County-specific considerations
| Local point | What it means |
|---|---|
| Burlington filing counter | Des Moines County shares Iowa's Eighth Judicial District with other counties, but probate filings for this county go to the clerk of the district court in Burlington. |
| Different from the city of Des Moines | The city of Des Moines is in Polk County. A Des Moines County estate is not filed in Polk County and should be anchored to Burlington. |
| Separate mailing address | The clerk publishes P.O. Box 158, Burlington, IA 52601 as the mailing address, separate from the courthouse street address. |
| Clerk contact details | The Des Moines County clerk's phone is 319-753-8262, fax is 319-753-8253 and office email is [email protected]. Fax and email are not substitutes for EDMS filing under Iowa Ct. R. 16.302. |
| Courthouse hours | The courthouse posts Monday through Friday, 8:00 a.m. to 4:30 p.m., with department hours varying. Call before traveling for clerk counter details. |
| Holiday closures | The county posts closures for Labor Day, Veterans Day, Thanksgiving Day, Thanksgiving Holiday, Christmas Eve, Christmas Day and New Year's Day 2027 in its 2026 closure list. |
| Juvenile office | A juvenile office also appears at 513 North Main Street, but it is a different office and is not the probate filing contact. |
Recent updates
| Change | Current rule |
|---|---|
| Affidavit for distribution of property | The ceiling is $100,000 effective July 1, 2026, for the Iowa Code 633.356 affidavit route when the statutory personal-property requirements are met. |
| Report and inventory deadline | The report and inventory deadline is 120 days after qualification, effective July 1, 2026, under Iowa Code 633.361. |
| Iowa inheritance tax | For deaths on or after January 1, 2025, Iowa Code 450.98 provides that Iowa's inheritance tax does not apply. |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title and beneficiary designations. Joint tenancy property is outside the Iowa Code 633.31 probate-asset cost base, so the Burlington filing may be narrower than the whole family balance sheet. | Sunset helps identify accounts, real estate clues and beneficiary assets before the spouse chooses an estate settlement route. |
| Out-of-state adult child with a small estate | If the probate assets are only personal property and there is no real estate interest, the Iowa Code 633.356 affidavit may go directly to the property holder rather than to the Burlington 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 real estate issues and helps the child decide whether to speak with an Iowa probate attorney before filing. |
| Parent settling a predeceased child's estate when a home must be sold | Because real estate is involved, the affidavit route is not the fit. The estate usually needs a Burlington court case, letters from the clerk and attention to the Iowa Code 633.31 cost formula tied to the report and inventory. | Sunset helps gather financial information, prepare the estate settlement packet and connect the parent with local counsel when a sale and court authority are needed. |
Self-help resources
| Help option | How it helps |
|---|---|
| Clerk of the district court, Des Moines County | 513 North Main Street, P.O. Box 158, Burlington, IA 52601. Call 319-753-8262 for filing logistics, clerk counter hours and local submission questions. The clerk accepts filings and answers procedural questions but cannot choose a legal strategy for you. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case priorities. Call 1-800-532-1275, Monday through Friday. |
| 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 directory at iowabar.org lets you search by practice area, county and city. Participating lawyers offer a reduced-fee initial consultation. |
| Application to Defer Costs | If you cannot afford court costs, file a written Application to Defer Costs with the Burlington clerk. A judge decides the request, and Iowa offers a free interactive interview for that application. |
| Iowa Courts Online | Search the public docket at https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Public docket access is free with no registration. The technical help desk is 1-800-831-1396. |
When to hire an attorney
A lawyer is especially useful in Des Moines County when there is real estate to sell, a nonresident personal representative, disputed heirs or beneficiaries, creditor problems, tax questions for an older death, or uncertainty about whether the Iowa Code 633.356 affidavit route is available. Iowa does not provide a statewide fill-in probate packet for decedent estates, so counsel can also reduce filing mistakes. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 financial institutions to help identify accounts, balances and leads that families often miss during estate settlement.
Generate the probate packet. Sunset organizes the information needed for the petition, notices, inventory and closing steps so the Des Moines County filing is easier to review before it goes through EDMS.
Find a local probate attorney. When the estate needs counsel, Sunset can connect the family with a vetted Iowa probate attorney familiar with filings in the Burlington courthouse.
Sunset is free for families. Sunset helps families understand the estate settlement work ahead, organize documents and move from confusion to a clear next step.
Frequently asked questions
Do I file Des Moines County probate in Des Moines or Burlington?
File in Burlington. Des Moines County is a county with its courthouse in Burlington. The city of Des Moines is in Polk County, and a Des Moines County estate is not filed there.
Where is the Des Moines County probate filing office?
The filing office is the clerk of the district court at the Des Moines County Courthouse, 513 North Main Street, Burlington, IA 52601. The mailing address is P.O. Box 158, Burlington, IA 52601.
What phone number should I use for the Des Moines County clerk?
Call 319-753-8262 for the clerk of the district court in Des Moines County. The clerk also publishes fax 319-753-8253 and office email [email protected], but Iowa probate filings use EDMS under Iowa Ct. R. 16.302.
Can I e-file a Des Moines County probate case myself?
Yes. Iowa requires EDMS filing for self-represented filers as well as attorneys. If you cannot reasonably e-file, ask the Burlington clerk about a one-time exception or a court-ordered case-long exception under Iowa Ct. R. 16.302.
Does Des Moines County have local probate forms?
No local Des Moines County probate form, cover sheet or checklist is posted. Iowa also does not provide a statewide fill-in probate packet for decedent estates, so call the clerk about local filing preferences and consider attorney help.
How much is the probate filing fee in Des Moines County?
Iowa Code 633.31 controls court costs statewide. For a decedent's estate, the main cost is 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. The Burlington clerk can explain how the cost is collected in a particular case.
Can I look up a Des Moines County probate case?
Use Iowa Courts Online for the free public docket search. The docket shows filings and proceedings, while public case documents are viewed at a courthouse terminal in the county where the case was filed.
Will I have to travel to Burlington for a probate hearing?
Many Iowa probate matters are handled on the papers filed with the clerk, but a hearing can be set if there is an objection, request or contested issue. If a hearing is set, Iowa proceedings are presumed in person, and a party seeking a remote appearance files a motion for the judge to decide 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.