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Dubuque County, IA Probate Information
Quick facts
| Item | Dubuque County information |
|---|---|
| Court | Iowa District Court for Dubuque County |
| Filing office | Dubuque County clerk of the district court |
| Courthouse address | Dubuque County Courthouse, 720 Central Avenue, Dubuque, IA 52001 |
| Mailing address | 720 Central Avenue, Dubuque, IA 52001 |
| Phone | Main clerk line: 563-589-4418. Case scheduling: 563-589-4582. |
| Fax | 563-557-0614 |
| [email protected] | |
| Hours | The clerk does not post counter hours online. Call 563-589-4418 before going to the courthouse, especially if the court has excused you from electronic filing and you need to hand papers to the clerk while the office is open. |
| Filing fee | Iowa Code 633.31 uses 0.2% of the probate assets listed in the report and inventory, plus the statutory flat items under Iowa Code 633.31. Dubuque County also has a referee in probate allowance that can be taxed as a further estate cost. Ask the clerk what will be charged in your estate. |
| Local forms | No Dubuque County decedent estate packet, cover sheet or checklist is posted. Iowa does not provide a fill-in decedent estate packet for families. |
| E-filing | Electronic filing through EDMS under Iowa Ct. R. 16.302 is required for attorneys and self-represented filers. A self-represented filer may ask for an exception for good cause. |
| Case search | Iowa Courts Online is free for public docket searches with no registration. It is an index of filings and proceedings. Public case documents are read on a public access terminal at the Dubuque County Courthouse. |
| Video or phone appearance | Iowa proceedings are presumed in person. A party who wants a video or phone appearance files a motion decided case by case under Iowa Ct. R. 15.302. |
| Website | https://www.iowacourts.gov/iowa-courts/district-court/judicial-district-1/district/1/county/dubuque |
Before you begin — know the assets and liabilities
Before filing anything in Dubuque County, identify the assets, debts, title to any home and likely creditors. In Iowa, the court cost is tied to the probate assets listed in the report and inventory under Iowa Code 633.31, so the estate settlement path depends on what the estate actually contains, not just on family expectations. In Dubuque County, that asset picture also matters because the clerk is the appointed referee in probate, and an allowance for that work can be taxed as a cost of the estate.
Plan how you will file before you go to 720 Central Avenue. Electronic filing through EDMS under Iowa Ct. R. 16.302 is the rule even for a person without a lawyer, registration is free, and a paper filing requires an exception. Sunset's 2,300-institution asset discovery helps families find accounts, policies and debts before choosing an estate settlement route.
Which court handles jurisdiction
Probate for Dubuque County is filed with the Dubuque County clerk of the district court at the Dubuque County Courthouse, 720 Central Avenue, Dubuque, in the Iowa District Court for Dubuque County. Dubuque County sits in Iowa's First Judicial District, but the district is an administrative grouping, not a shared filing counter. A Dubuque County estate is filed in Dubuque, not in another county in the district.
Iowa Code 633.12 gives the court of each county original and exclusive jurisdiction to administer estates of people who were residents of that county at death. For a nonresident, Iowa Code 633.12 also reaches property in the county that is subject to administration. That second rule matters in Dubuque County because Wisconsin and Illinois are nearby across the Mississippi River, but any procedure in another state is separate advice.
The jurisdiction process
- Gather the death certificate, title information, account information and the original will. Anyone holding the will must deliver it to the court after learning of the death (Iowa Code 633.285).
- Choose the correct Iowa route before filing. The affidavit route under Iowa Code 633.356 is not a court case. A chapter 635 small estate is a court case. A will can sometimes be admitted without administration under Iowa Code 633.305. A full chapter 633 administration is used when the estate needs full court authority.
- Register for EDMS under Iowa Ct. R. 16.302, or file a written request with the Dubuque County clerk of court asking to be excused from electronic filing for good cause in your case.
- E-file the petition with the Dubuque County clerk of the district court. If the court has granted an exception, take the papers to the clerk's counter inside the Dubuque County Courthouse at 720 Central Avenue, after calling 563-589-4418 to check when the counter is open.
- Scan and e-file the original will. After e-filing, the paper original may be given to the clerk for non-electronic preservation under Iowa Ct. R. 16.411.
- After the oath and any required bond are filed, the clerk issues letters testamentary or letters of administration in a chapter 633 case (Iowa Code 633), or letters of appointment in a chapter 635 small estate (Iowa Code 635.1).
- Publish notice once a week for two consecutive weeks in a newspaper of general circulation in Dubuque County and mail the required notices to the surviving spouse, heirs, devisees and known creditors (Iowa Code 633.230, 633.304).
- File the report and inventory with the clerk within the statutory period after qualification (Iowa Code 633.361). Dubuque County court costs are then assessed under Iowa Code 633.31, and an allowance to a referee in probate can be taxed as a further estate cost.
- Handle creditor claims filed with the clerk under Iowa Code 633.410, then pay approved expenses, sell or distribute property as authorized, and keep records for the final accounting or closing document.
- Close the case. 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 Dubuque County
Dubuque County does not post a decedent estate packet, local probate cover sheet, checklist or local decedent estate rule for families. The First Judicial District's probate materials for Dubuque County are referee in probate appointment and fee materials, not a fill-in petition or estate packet.
Iowa also does not provide a fill-in decedent estate packet for settling a decedent's estate. The Iowa court forms site has probate-related material for a referee in probate, and it has separate guardianship and conservatorship forms, but those are not a family packet for opening and closing a decedent's estate. A self-represented filer generally drafts the petition, report and inventory, notices and closing papers from the statutes or works with a lawyer.
Fees
Dubuque County does not set its own probate filing fee. Iowa court costs are set by statute, and Iowa Code 633.31 uses 0.2% of the probate assets listed in the report and inventory, plus the statutory flat items under Iowa Code 633.31. The clerk can tell you what will be charged in a particular estate.
Dubuque County adds one local cost point: in the First Judicial District, the clerk of court in each county is appointed referee in probate unless a judge has made another appointment. A referee in probate audits fiduciary accounts and performs ministerial duties, and the referee's allowance can be taxed by the clerk as part of the costs of the probate matter in addition to Iowa Code 633.31 costs. The published materials do not give one clear current amount for a Dubuque County estate, so ask the clerk what will actually be charged.
Electronic filing through EDMS under Iowa Ct. R. 16.302 does not add a fee in Iowa. If you cannot afford court fees, the Application to Defer Costs is filed with the clerk and decided by a judge.
Timeline
- Most Dubuque County probate filings are handled on the papers. The First Judicial District's motion day rule says motions, applications and requests that have been on file for at least fourteen days are submitted for ruling without further hearing or argument unless a request to be heard orally is already on file.
- The First Judicial District publishes a court service day schedule for taking orders. For Dubuque County, district orders and associate orders are listed on Tuesday, Wednesday and Thursday mornings from 8:30 to 9:00. That is an orders window, not a hearing date a filer is automatically required to attend. Call the clerk's case scheduling line, 563-589-4582, to ask how a specific matter will be handled.
- The First Judicial District has a 2026 order setting days when no court is held in any district county except magistrate court matters. The remaining 2026 dates are Friday September 4 and Wednesday and Thursday October 21 and 22. That affects when a judge is sitting, not the clerk's counter.
- No Dubuque County posting states how long a probate case takes here. Do not rely on a filing-to-hearing estimate without asking the clerk or your lawyer.
Local nuance
Dubuque County-specific considerations
| Local point | What it means for a Dubuque County estate |
|---|---|
| State clerk inside a county building | The clerk of the district court is a state judicial office housed in the Dubuque County Courthouse. Use the clerk's published court contact information, not Dubuque County government's general post office box or switchboard. |
| Separate case scheduling line | Dubuque County publishes a case scheduling line, 563-589-4582, in addition to the main clerk line, 563-589-4418. Use it for procedural questions about how and when a matter will be taken up. Staff cannot give legal advice. |
| Referee in probate | In Dubuque County, the clerk of court is appointed referee in probate unless a judge of the First Judicial District has appointed someone else. A referee in probate allowance can be taxed as an estate cost, but no amount should be assumed without asking the clerk. |
| Courthouse screening | The 1891 courthouse is at Seventh and Central Avenue. Everyone entering goes through sheriff-run screening with x-ray equipment and metal detection. No weapons are allowed, bags and large items go through the x-ray machine, and cell phone use in courtrooms is prohibited. |
| Border county venue questions | Dubuque County sits on the Mississippi River near Wisconsin and Illinois. If a person died outside Iowa but left Dubuque County property subject to administration, Iowa Code 633.12 can bring the Iowa administration to this courthouse. |
Recent updates
| Update | What changed |
|---|---|
| First Judicial District 2026 court days | The district has published 2026 days when no court is held in district counties except magistrate court matters. For the rest of 2026, the dates are Friday September 4 and Wednesday and Thursday October 21 and 22. This concerns when a judge is sitting, not the clerk's counter. |
| Iowa affidavit route | Iowa Code 633.356 now reaches probate assets consisting only of personal property, with no interest in real estate, where the gross value of that personal property is $100,000 or less, effective July 1, 2026. |
| Report and inventory timing | Iowa Code 633.361 moved the report and inventory deadline to 120 days after qualification, effective July 1, 2026. |
| Iowa inheritance tax | Iowa Code 450.98 ended Iowa inheritance tax for deaths on or after January 1, 2025. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Dubuque County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with how the Dubuque home is titled. Joint tenancy property passes outside the estate and is excluded from the Iowa Code 633.31 cost base. If the house passes by survivorship and the remaining assets do not require a court case, there may be nothing to file at 720 Central Avenue. If a case is needed, file through EDMS under Iowa Ct. R. 16.302 with the Dubuque County clerk. | Sunset traces accounts, policies and debts so the spouse can separate estate assets from assets that pass outside probate. |
| Out-of-state adult child with small estate | Much of the work can be done without traveling to Dubuque because EDMS under Iowa Ct. R. 16.302 is online and Iowa Courts Online shows the docket for free. The affidavit route under Iowa Code 633.356 works only if the probate assets consist only of personal property with no interest in real estate. If a court case is needed and the child is not an Iowa resident, service as personal representative depends on a court order under Iowa Code 633.64. | Sunset builds the asset picture and assembles the probate packet remotely, so the child is not traveling to Dubuque just to discover what exists. |
| Parent settling predeceased child's estate, home must be sold | A house prevents use of the Iowa Code 633.356 affidavit route, so this is a court case in the Iowa District Court for Dubuque County. The parent needs letters testamentary or letters of administration under Iowa Code 633 before the Dubuque County property can be sold. Iowa Code 633.31 court costs are tied to the report and inventory, and a referee in probate allowance can be taxed as an added cost. | Sunset finds mortgages, liens, accounts and debts before the property is priced and before the report and inventory is filed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Dubuque County clerk of the district court | Takes filings for Dubuque County, issues letters, answers procedural counter questions and provides case scheduling information. Court staff cannot tell you which case to file, what forms to use or how to complete them. | 720 Central Avenue, Dubuque, IA 52001. Main line 563-589-4418. Case scheduling 563-589-4582. Fax 563-557-0614. [email protected]. |
| Iowa Courts Online | Free public docket search for Dubuque County cases. It shows the index of filings and proceedings. Documents are read on a public access terminal at the Dubuque County Courthouse. | https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame |
| Iowa Legal Aid | Free civil legal help for income-eligible Iowans, subject to eligibility and case priorities. Ask directly whether your estate issue is within its services. | 1-800-532-1275, weekdays from 9 a.m. to 4 p.m. |
| Iowa Free Legal Answers | Online clinic where an income-eligible Iowan can post a civil legal question for a volunteer Iowa attorney. | https://iowa.freelegalanswers.org |
| Iowa Find-A-Lawyer | Iowa State Bar Association directory searchable by practice area, county and city, with a reduced-fee initial consultation from participating lawyers. | https://www.iowabar.org |
| Application to Defer Costs | If you cannot afford court fees, file a written application with the clerk. A judge decides whether to postpone the fees. A free guided interview is available through Iowa Interactive Court Forms. | https://www.iowacourts.gov/for-the-public/representing-yourself/civil-court-fees/ |
| First Judicial District ADA coordinator | Handles disability accommodation requests for Dubuque County court proceedings. | 319-833-3390 |
When to hire an attorney
A lawyer is especially useful in a Dubuque County estate with a contested will, missing heir, insolvent estate, business interest, Iowa farmland, Medicaid recovery issue, property on more than one side of the Mississippi, or a house that must be sold before closing. The practical reason is simple: neither Dubuque County nor Iowa provides a fill-in decedent estate packet, so the petition, report and inventory, notices and closing papers are drafted from legal requirements. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps identify bank accounts, insurance policies, retirement accounts, real estate, debts and other property before the family chooses a Dubuque County estate settlement path.
Generate the probate packet. Sunset turns the asset picture into an organized packet for the Iowa District Court for Dubuque County, so the family and attorney can work from the same facts.
Find a local probate attorney. When the estate needs legal advice, a sale of real estate, a contested matter or help drafting documents, Sunset connects the family with a vetted Iowa probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and decide when professional help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Dubuque County?
File with the Dubuque County clerk of the district court at the Dubuque County Courthouse, 720 Central Avenue in Dubuque, in the Iowa District Court for Dubuque County. Filings are made through EDMS under Iowa Ct. R. 16.302 unless the court excuses you from electronic filing.
Do I have to e-file my Dubuque County probate case?
Yes, unless the court excuses you. EDMS under Iowa Ct. R. 16.302 is required for self-represented filers as well as attorneys. A self-represented filer can file a written request with the clerk asking to be excused for good cause in that case.
What does it cost to open probate in Dubuque County?
There is no flat local number. Iowa Code 633.31 uses 0.2% of the probate assets listed in the report and inventory, plus the statutory flat items under Iowa Code 633.31. In Dubuque County, an allowance to a referee in probate can also be taxed as an estate cost. Electronic filing through EDMS under Iowa Ct. R. 16.302 adds no extra fee.
Does Dubuque County have its own probate forms?
No Dubuque County decedent estate packet, cover sheet or checklist is posted. Iowa also does not provide a fill-in decedent estate packet for families settling a decedent's estate, so the documents are drafted from the statutes or with a lawyer's help.
Is there a phone number for court scheduling questions in Dubuque County?
Yes. The Dubuque County clerk publishes a case scheduling line, 563-589-4582, alongside the main clerk line, 563-589-4418. Staff can answer procedural questions, but they cannot give legal advice or complete documents for you.
When is the Dubuque County clerk of court office open?
The clerk does not post counter hours online. Call 563-589-4418 before making a trip, especially if the court has excused you from EDMS under Iowa Ct. R. 16.302 and you need to hand paper documents to the clerk while the office is open.
Will there be a hearing in my Dubuque County probate case, and can I attend by video?
Most Iowa probate is handled on the papers filed with the clerk. The First Judicial District's motion day rule says motions, applications and requests on file for at least fourteen days are submitted without further hearing or argument unless a request to be heard orally is already on file. A hearing can still happen if someone objects, a contested matter arises or the court orders one. Iowa proceedings are presumed in person, and a video or phone appearance requires a motion decided under Iowa Ct. R. 15.302.
Can I look up a Dubuque County probate case online?
Yes. Iowa Courts Online provides free public docket search with no registration. It is an index of filings and proceedings. Public documents are read on a public access terminal at the Dubuque County Courthouse.
Do I have to travel to Dubuque to settle an estate here?
Often, much can be done from elsewhere because EDMS under Iowa Ct. R. 16.302 is online and Iowa Courts Online shows the docket. Reasons to come to the courthouse include a paper filing after an e-filing exception, reading documents on the courthouse public terminal, or attending a hearing the court sets.
What if my relative lived in Wisconsin or Illinois but owned property in Dubuque County?
Iowa Code 633.12 gives Dubuque County jurisdiction over estates of Dubuque County residents and over nonresidents who leave property in Dubuque County subject to administration. That can bring an Iowa case to the Dubuque County Courthouse, but how it fits with another state's process is a legal question for an attorney.
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.