Back to Iowa
Lucas County, IA Probate Information
Quick facts
| Item | Lucas County information |
|---|---|
| Court | Iowa District Court for Lucas County |
| Filing office | Clerk of the district court, Lucas County Courthouse, 916 Braden Avenue, Chariton, IA 50049. The county's court page places the clerk's office on the 2nd floor. |
| Mailing address | Clerk of the district court, Lucas County Courthouse, 916 Braden Avenue, Chariton, IA 50049. No separate mailing box is published for the clerk. |
| Phone | 641-774-4421 |
| Fax | 641-774-8669 |
| [email protected] | |
| Hours | Courthouse hours are 8:00 a.m. to 4:00 p.m., weekdays, except holidays. Department hours may vary, so call the clerk before traveling. |
| Filing fee | Iowa decedent estate court costs use the Iowa Code 633.31 formula: 0.2% of the value of the probate assets listed in the report and inventory, plus statutory flat items. Ask the clerk how the cost will be collected in your case. |
| Local forms | Lucas County does not publish a local probate cover sheet, form packet or checklist. |
| E-filing | EDMS filing is required for attorneys and self-represented filers under Iowa Ct. R. 16.302, with limited paper-filing exceptions available through the clerk or by court order. |
| 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 asks for remote appearance by motion under Iowa Ct. R. 15.302, and the judge decides case by case. |
| Website | Lucas County courts page: https://www.lucascounty.iowa.gov/courts/ |
Before you begin — know the assets and liabilities
Before you file in Lucas County, list the decedent's assets, debts, account locations, beneficiary designations and real estate. Iowa route selection depends on what property is actually in the probate estate, and a Chariton filing cannot fix missing account information.
Sunset's 2,300-institution asset discovery helps families find accounts before choosing a filing path. That makes the estate settlement cleaner, whether the Lucas County matter needs a court case or a non-court affidavit route.
Which court handles jurisdiction
Lucas County probate is filed with the clerk of the district court at the Lucas County Courthouse, 916 Braden Avenue, Chariton, IA 50049. The county includes Chariton, Derby, Lucas, Russell and Williamson.
Iowa Code 633.12 places venue in the district court of the county where the decedent resided at death. For a nonresident, venue is in the Iowa county where the property is located or where it is later brought. Lucas County is in Iowa's Fifth Judicial District, but that district grouping does not move the filing counter. A Lucas County estate is filed in Chariton.
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debt information and names and addresses for heirs, devisees and known creditors. A person holding the will must deliver it to the court with jurisdiction after learning of the death (Iowa Code 633.285).
- Choose the Iowa route before preparing a Lucas County filing. The affidavit for distribution of property under Iowa Code 633.356 is not filed with the clerk; court administration routes are filed with the Lucas County clerk of the district court in Chariton.
- Prepare the petition and related papers. Lucas County does not publish a local probate form packet, cover sheet or checklist, and Iowa's free interactive court forms do not cover probate petitions.
- Register and file through EDMS unless an exception applies. Iowa Ct. R. 16.302 requires electronic filing for attorneys and self-represented filers, but the clerk may allow a one-time paper filing while the office is open and the court may excuse a self-represented party from electronic filing for good cause.
- If there is an original will, scan and e-file it. Iowa Ct. R. 16.411 allows the filer to submit the paper original to the clerk after e-filing for nonelectronic preservation, and the filer must keep the original at least until the estate concludes unless the court requests it.
- File the petition with the Lucas County clerk of the district court and ask the clerk how costs under Iowa Code 633.31 will be collected. The main decedent estate court cost is 0.2% of the value of the probate assets listed in the report and inventory.
- After the court appoints a personal representative in a chapter 633 estate, the clerk issues letters testamentary or letters of administration under Iowa Code 633. In a chapter 635 small estate administration, the clerk issues letters of appointment under Iowa Code 635.1.
- Publish and mail the required notices. In an Iowa estate, notice is published once each week for two consecutive weeks in a newspaper of general circulation in the county where the estate is pending, and notice is mailed to known creditors and required interested persons. 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). Pay the court costs calculated under Iowa Code 633.31 when due.
- If an objection or contested issue creates a hearing, ask the Lucas County clerk how the matter is set. A party seeking remote appearance must make the request under Iowa Ct. R. 15.302, and the judge decides.
- Administer, distribute and close the estate. A small estate administration closes by closing statement and clerk discharge under Iowa Code 635.8. A chapter 633 administration closes through a final report and court order.
Forms and documents
Probate forms in Lucas County
Lucas County does not publish a local probate form packet, cover sheet or checklist. File probate papers through EDMS with the clerk of the district court in Chariton unless the court grants an exception under Iowa Ct. R. 16.302.
Iowa does not provide a statewide probate petition packet through its free interactive court-form program. A self-represented filer must draft the petition, notices and inventory from the Iowa probate statutes or work with an attorney.
Recent updates
| Change | Current rule |
|---|---|
| Affidavit for distribution of property | The Iowa Code 633.356 ceiling is $100,000 effective July 1, 2026, for qualifying personal property only with no interest in real estate. |
| Report and inventory deadline | The report and inventory is due within 120 days after qualification unless the court grants more time (Iowa Code 633.361). |
| Iowa tax rule for recent deaths | Iowa imposes no inheritance tax on estates of people who died on or after January 1, 2025 (Iowa Code 450.98). |
Scenarios
| Situation | Lucas County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title. Joint tenancy property is outside the Iowa Code 633.31 probate cost base, but any needed Lucas County filing is made with the clerk in Chariton through EDMS under Iowa Ct. R. 16.302. | Sunset helps identify accounts, title clues and beneficiary designations before the spouse starts the estate settlement. |
| Out-of-state adult child with a small estate | If the estate has qualifying personal property only and no real estate interest, the Iowa Code 633.356 affidavit route may go directly to the holder. If real estate is involved, the case is filed in Chariton, not in Des Moines or Corning. | Sunset helps compare the asset list to Iowa filing paths and can connect the child with an Iowa probate attorney. |
| Parent settling predeceased child's estate, home must be sold | A home sale requires authority through a Lucas County court case. The personal representative will need letters from the clerk and should plan for the Iowa Code 633.31 cost calculation from the report and inventory. | Sunset helps assemble the asset picture, generate a filing packet and organize the estate settlement steps for the attorney or personal representative. |
Self-help resources
| Resource | How it helps |
|---|---|
| Lucas County clerk of the district court | Contact the clerk at 641-774-4421, [email protected] or the Lucas County Courthouse, 916 Braden Avenue, Chariton, IA 50049. The clerk can provide filing and case-status information, but cannot choose your legal strategy. |
| Iowa Legal Aid | Free civil legal help for income-eligible Iowans, subject to eligibility and case priorities. Call 1-800-532-1275 on weekdays from 9:00 a.m. to 4:00 p.m. |
| 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 helps search for Iowa lawyers and offers a reduced-fee initial consultation through participating lawyers. |
| Application to Defer Costs | If you cannot afford court costs, file an Application to Defer Costs with the clerk. A judge decides whether fees can be postponed, and Iowa offers a free interactive interview for that application. |
| Iowa Courts Online | Use https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame for free public docket search. For access problems, the technical help desk is 1-800-831-1396. |
When to hire an attorney
Talk with an Iowa probate attorney if the estate includes real estate, unclear title, an out-of-state personal representative, creditor disputes, tax questions for a pre-2025 death, family conflict or a missing will. Lucas County does not publish a local probate form packet, and a lawyer can draft the petition, notices and closing papers correctly. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across thousands of financial institutions so families can find accounts, benefits and balances before choosing a probate path. That gives the personal representative a stronger starting point for estate settlement.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for Lucas County, including the facts an attorney or self-represented filer needs to prepare the court papers.
Find a local probate attorney. When the estate needs legal help, Sunset connects families with a vetted Iowa probate attorney who can file in the Iowa District Court for Lucas County.
Sunset is free for families. Families can use Sunset to organize the estate settlement, find assets and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Lucas County?
File with the clerk of the district court at the Lucas County Courthouse, 916 Braden Avenue, Chariton, IA 50049. Lucas County is in Iowa's Fifth Judicial District, but the filing is made in Chariton.
Does Lucas County have a separate probate filing office?
No. Probate is a docket of the Iowa District Court for Lucas County. The filing office is the clerk of the district court.
Does Lucas County publish probate forms?
Lucas County does not publish a local probate packet, cover sheet or checklist. Iowa also does not provide a probate petition interview through its free interactive court forms.
Do I have to e-file a Lucas County probate case?
Yes, EDMS filing is required for attorneys and self-represented filers under Iowa Ct. R. 16.302. If you cannot reasonably e-file, ask the clerk how to request a one-time paper filing or a court-ordered exception.
What is the probate filing fee in Lucas County?
Iowa decedent estate costs are set by statute, not by Lucas County. The main court cost is 0.2% of the value of probate assets listed in the report and inventory under Iowa Code 633.31, plus statutory flat items.
Can I look up a Lucas County probate case online?
Yes. Iowa Courts Online provides a free public docket search with no registration. The docket is an index of filings and proceedings; public documents are viewed at a courthouse terminal in the county where the case was filed.
Will there be a hearing in Lucas County probate?
Many Iowa probate steps are handled on papers filed with the clerk. A hearing may be set if someone objects, the court orders one or a contested issue arises.
Can I appear remotely for a Lucas County probate hearing?
Iowa proceedings are presumed in person. To request remote appearance, file a motion under Iowa Ct. R. 15.302; the judge decides based on the rule's factors.
Do I have to travel to Chariton if I live out of state?
Maybe not for every step, because EDMS filing is required under Iowa Ct. R. 16.302 and many estate tasks are handled through filings. If a hearing is set, ask the clerk about the process for a remote appearance motion 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.