Back to Iowa
Franklin County, IA Probate Information
Quick facts
| Item | Franklin County information |
|---|---|
| Court | Iowa District Court for Franklin County |
| Judicial district | Iowa's Second Judicial District. File in Hampton, not in another Second District county. |
| Clerk of the district court | Franklin County clerk of the district court |
| Courthouse address | 12 1st Avenue NW, Suite 203, Hampton, IA 50441 |
| Mailing address | Use the courthouse address with Suite 203. No separate post office box is published. |
| Phone | 641-456-5626 |
| Fax | 641-456-5628. Fax is not the normal filing channel for probate. |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m., closed 12:00 p.m. to 1:00 p.m. for lunch. |
| Filing fee | Iowa probate costs use the statewide Iowa Code 633.31 structure, including 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. The clerk can tell you what must be collected in your filing. |
| Local forms | Franklin County publishes no local probate form, cover sheet or checklist. |
| E-filing | EDMS is required for probate filings, including self-represented filers, with exceptions available under Iowa Ct. R. 16.302. |
| Case search | Iowa Courts Online provides free public docket search with no registration. The docket is an index of filings and proceedings. 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 remote appearance is requested by motion and decided case by case under Iowa Ct. R. 15.302. |
| Website | https://www.franklincountyia.gov |
Before you begin — know the assets and liabilities
Before you open a probate case in Franklin County, make a working list of the decedent's assets, debts, titles, beneficiary designations and likely creditors. That inventory drives whether the family needs a court case in Hampton, whether a non-court affidavit route may fit, and what questions to ask the clerk or a lawyer.
Sunset can help with estate settlement before filing by searching across more than 2,300 institutions for accounts and assets. Knowing what exists first helps you choose the right Iowa probate path and avoid filing papers that do not match the estate.
Which court handles jurisdiction
Probate for Franklin County is filed with the clerk of the district court at the Franklin County Courthouse in Hampton. The case is in the Iowa District Court for Franklin County, which sits in Iowa's Second Judicial District. The district groups judges and administration; it does not move Franklin County probate filings to another county.
Iowa venue is based on the county where the decedent resided at death. If the decedent was not an Iowa resident, the case belongs in the Iowa county where the property is located or later brought (Iowa Code 633.12).
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of heirs and beneficiaries, creditor information and an initial asset list. 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. Some personal-property estates use the affidavit for distribution of property under Iowa Code 633.356 without a court case. Others use chapter 635 small estate administration, probate of a will without administration, or full chapter 633 administration.
- Register for EDMS before filing, or ask the Franklin County clerk about a one-time paper exception or the process for seeking a case-long e-filing exception under Iowa Ct. R. 16.302.
- Prepare the petition and supporting documents. Franklin County does not publish a local probate packet, so the petition, notices and report and inventory must be drafted from Iowa requirements or with legal help.
- E-file the petition with the Franklin County clerk of the district court in Hampton. If there is an original will, scan and e-file it, keep the paper original until the estate concludes, and submit it to the clerk for preservation if appropriate under Iowa Ct. R. 16.411.
- After the court authorizes administration and the required oath and any required bond are handled, the clerk issues the authority document. In a chapter 633 estate, the clerk issues letters testamentary or letters of administration under Iowa Code 633.178. In a chapter 635 small estate, the clerk issues letters of appointment for administration 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 other required people under Iowa Code 633.230 or 633.304.
- File the report and inventory within 120 days after qualification unless the court allows more time (Iowa Code 633.361). Probate costs are then based on 0.2% of the probate assets listed in the report and inventory under Iowa Code 633.31, plus statutory flat items.
- Handle claims, taxes and distribution. Claims are barred only if not filed by the later of four months after the second publication or one month after mailed notice to that claimant, with the Medicaid rule handled separately (Iowa Code 633.410).
- Close the estate. A chapter 635 small estate closes by closing statement and clerk discharge under Iowa Code 635.8. A full chapter 633 administration closes through the final report and the court's order approving it and discharging the personal representative.
Forms and documents
Probate forms in Franklin County
Franklin County publishes no local probate form, cover sheet or checklist for a decedent's estate. Its local clerk page sends users to Iowa court resources and Iowa Courts Online rather than to county-specific probate paperwork.
Iowa also does not provide a statewide probate form packet for decedent estates, and the free interactive court form program does not cover probate filings. A self-represented filer should expect to draft the petition, notices, report and inventory and closing papers from Iowa law or work with an attorney.
If you are preparing an estate settlement without a lawyer, call the Franklin County clerk before submitting anything that is not an EDMS filing, especially if you need to ask about a one-time paper filing exception under Iowa Ct. R. 16.302. Plan around the clerk's 12:00 p.m. to 1:00 p.m. lunch closure.
Local nuance
Franklin County-specific considerations
| Local point | What it means for a Franklin County filing |
|---|---|
| One filing counter in Hampton | Probate filings go to Suite 203 of the Franklin County Courthouse at 12 1st Avenue NW. The Second Judicial District does not create a shared filing counter in another county. |
| Lunch closure | The clerk's office is open Monday through Friday, 8:00 a.m. to 4:30 p.m., but closes from 12:00 p.m. to 1:00 p.m. A filer who needs in-person help with filing logistics should avoid that hour. |
| Fax and email are contact tools | The clerk publishes fax 641-456-5628 and [email protected]. Probate filings still go through EDMS unless an exception applies under Iowa Ct. R. 16.302. |
| No local probate packet | Franklin County does not add a local probate checklist or cover sheet. The absence of a local packet is one reason to organize the estate settlement information before filing. |
Recent updates
| Change | Current rule |
|---|---|
| Affidavit for distribution of property | The ceiling is $100,000 for qualifying personal-property estates, effective July 1, 2026, under Iowa Code 633.356. |
| 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 a death on or after January 1, 2025, Iowa Code 450.98 provides that the inheritance tax is not imposed. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with title and beneficiary designations. Joint tenancy property is outside the Iowa Code 633.31 probate cost base, but other probate assets may still require a filing with the clerk in Hampton. | Sunset finds accounts and assets, organizes title and beneficiary information, and helps the spouse decide what questions to take to the clerk or an attorney. |
| Out-of-state adult child with a small estate | If the estate consists only of personal property and no interest in real estate, the Iowa Code 633.356 affidavit may fit and is presented to the property holder rather than filed with the clerk. If a court case is needed, filing is in Hampton, and an out-of-state personal representative should ask counsel about qualification. | Sunset helps the child work from outside Iowa, organize the estate settlement documents, and prepare for EDMS filing or attorney review. |
| Parent settling predeceased child's estate, home must be sold | The affidavit route does not transfer a house. A court case in Hampton and letters from the clerk are usually needed before the real estate sale can move forward. | Sunset builds the asset picture, generates a probate packet for review, and connects the family with a Franklin County probate attorney for the sale and closing steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Franklin County clerk of the district court | 12 1st Avenue NW, Suite 203, Hampton, IA 50441. Phone 641-456-5626, fax 641-456-5628, email [email protected]. The clerk receives filings, issues letters and collects court costs, but cannot give legal advice, choose a probate route or complete a petition. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case 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. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association's iowabar.org directory lets users search by practice area, county and city. Participating lawyers offer a reduced-fee initial consultation of up to thirty minutes. |
| Application to Defer Costs | If court costs cannot be paid at the start of a case, file an Application to Defer Costs with the clerk of the district court in Hampton. A judge decides the request, and Iowa offers a free guided interview for this fee-waiver application. |
| Iowa Courts Online | Use https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame to search the free public docket. It shows the docket index, not the documents. Technical help is available at 1-800-831-1396. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, retirement accounts, insurance and other assets that shape the estate settlement plan.
Generate the probate packet. Sunset organizes the family information, asset list and court-ready details so the Franklin County filing can be reviewed before it goes through EDMS under Iowa Ct. R. 16.302.
Find a local probate attorney. When a Franklin County estate needs legal advice, a real estate sale, contested-claim help or an out-of-state fiduciary question, Sunset can connect the family with a vetted Iowa probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next step and decide whether to file, call the clerk or talk with a lawyer.
Frequently asked questions
Where do I file probate in Franklin County, Iowa?
File with the Franklin County clerk of the district court at the Franklin County Courthouse, 12 1st Avenue NW, Suite 203, Hampton, IA 50441. The case is in the Iowa District Court for Franklin County, even though Franklin County is part of Iowa's Second Judicial District.
Does Franklin County require e-filing for probate?
Yes. Iowa requires EDMS filing for probate documents, including filings by self-represented people, under Iowa Ct. R. 16.302. If you cannot reasonably file electronically, ask the clerk about the one-time paper exception or the process for requesting a longer exception by court order.
What are the Franklin County clerk's hours?
The Franklin County clerk's office is open Monday through Friday, 8:00 a.m. to 4:30 p.m., and closes for lunch from 12:00 p.m. to 1:00 p.m. Call 641-456-5626 before visiting if timing matters.
Does Franklin County have local probate forms?
No local Franklin County probate form, cover sheet or checklist is published. Iowa's free interactive form program also does not include probate filings for decedent estates, so many families draft the documents with a lawyer's help.
How much does probate cost in Franklin County?
Iowa probate costs are controlled by Iowa Code 633.31, not by a Franklin County price list. The main cost is 0.2% of the probate assets listed in the report and inventory, plus statutory flat items. The clerk can tell you what must be collected for your filing.
Will there be a hearing in a Franklin County probate case?
Many Iowa probate matters are handled on the papers filed with the clerk. A hearing can be set if someone objects, the court orders one, or a contested matter arises. Franklin County does not publish a probate hearing day or filing-to-hearing window.
Can I attend a Franklin County probate hearing remotely?
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. Ask the Franklin County clerk how to present the request in your case.
How do I look up a Franklin County probate case?
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 case documents are viewed at a courthouse terminal in the county where the case was filed.
What if I cannot find the original will?
Do not guess or file a substitute document without advice. Iowa law requires a person who has custody of a will and learns of the death to deliver it to the court with jurisdiction over the estate (Iowa Code 633.285). If the original is missing, talk with a probate attorney before filing.
Do I have to travel to Hampton to start estate settlement?
Most filing is done through EDMS under Iowa Ct. R. 16.302, so starting the paperwork may not require a courthouse visit. If you need to ask about a paper-filing exception, view documents at a courthouse terminal or attend an in-person hearing, plan for the Hampton courthouse and the clerk's lunch closure.
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.