Back to Iowa
Madison County, IA Probate Information
Quick facts
| Item | Madison County detail |
|---|---|
| Court | Iowa District Court for Madison County |
| Filing office | Clerk of the district court, Madison County Courthouse |
| Courthouse address | 112 N John Wayne Drive, Winterset, IA 50273 |
| Mailing address | P.O. Box 152, Winterset, IA 50273 |
| Phone | 515-462-4451 |
| Fax | 515-462-9825 |
| [email protected]. Use EDMS for filing, not email. | |
| Hours | Courthouse offices are open 8:00 a.m. to 4:30 p.m., Monday through Friday. The clerk's separate counter hours, lunch closures and filing cutoffs are not posted, so call before traveling. |
| Judicial district | Iowa's Fifth Judicial District. The case is still filed in Winterset. |
| Filing fee | Iowa uses the statewide probate cost structure in Iowa Code 633.31, including 0.2% of the probate assets listed in the report and inventory, plus statutory flat items in that section. The clerk can tell you how costs are collected in your case. |
| Local forms | Madison County does not post a downloadable local probate packet, cover sheet or checklist. |
| E-filing | EDMS e-filing is required in Iowa, including for self-represented filers, with good-cause exceptions under Iowa Ct. R. 16.302. |
| Case search | Iowa Courts Online provides free public docket search with no registration or subscription. The docket is an index. Public case documents are viewed at a public access terminal at the courthouse where the case was filed. |
| Remote appearance | Iowa proceedings are presumed in person. A party asks for remote participation by motion, and the judge decides under Iowa Ct. R. 15.302. |
| Website | Madison County government is at madisoncounty.iowa.gov. The court contact listing is published by the Iowa Judicial Branch. |
Before you begin — know the assets and liabilities
Before you choose a probate route in Madison County, make a working list of the assets, debts, beneficiary designations, real estate and account titling. Iowa treats jointly owned property, beneficiary accounts and estate assets differently, so the right estate settlement path depends on what actually needs court authority.
Sunset's 2,300-institution asset discovery can help locate accounts and policies before you file in Winterset. That is especially useful when the family is unsure whether the estate needs a court case, whether a personal representative needs letters, or whether an asset can be handled outside probate.
Which court handles jurisdiction
Probate for Madison County is filed with the clerk of the district court at the Madison County Courthouse in Winterset, in the Iowa District Court for Madison County. Madison County is part of Iowa's Fifth Judicial District, but that district is an administrative grouping. A Madison County estate is not filed at the Polk County Courthouse in Des Moines.
Under Iowa Code 633.12, the district court of each county administers estates of people who were residents of that county at death. For a nonresident, venue is in the Iowa county where the property is located or later brought. If the decedent was a Madison County resident, start with the clerk in Winterset.
The jurisdiction process
- Gather the certified death certificate, the original will if there is one, a list of probate and non-probate assets, known debts and contact information for heirs, devisees and creditors. Anyone holding the will after learning of the death must deliver it to the court with jurisdiction over the estate under Iowa Code 633.285.
- Decide which Iowa route fits the assets. The no-court affidavit under Iowa Code 633.356 is presented to the property holder, not filed with the clerk. A chapter 635 estate is a court case with letters of appointment under Iowa Code 635.1. A full chapter 633 estate may require letters testamentary or letters of administration under Iowa Code 633. A will may also be admitted without administration when that route is appropriate.
- Register and file through EDMS. Iowa Ct. R. 16.302 requires electronic filing for self-represented filers as well as attorneys. If you cannot reasonably file electronically, call the Madison County clerk at 515-462-4451 during courthouse hours to ask about a one-time paper filing or a case-long good-cause exception.
- E-file the petition and supporting papers in the Iowa District Court for Madison County. The filing office is the clerk of the district court at the Madison County Courthouse, 112 N John Wayne Drive, Winterset. Do not file a probate petition with any other county office.
- If there is a will, scan and e-file it. Iowa Ct. R. 16.411 allows the filer to keep the paper original and produce it if requested, and after e-filing the will the filer may submit the paper original to the clerk for non-electronic preservation.
- After the court authorizes the appointment and the required oath and any required bond are handled, the clerk issues the proper letters. In a chapter 633 estate, the clerk issues letters under Iowa Code 633.178. In a chapter 635 estate, the clerk issues letters of appointment under Iowa Code 635.1.
- Give notice. In an Iowa estate, notice is published once each week for two consecutive weeks in a newspaper of general circulation published in the county where the estate is pending, and notice is mailed to known creditors. In a testate estate, notice also goes to the surviving spouse, heirs and devisees whose identities are reasonably ascertainable.
- File the report and inventory with the Madison County clerk. The report and inventory is due within 120 days after qualification under Iowa Code 633.361, unless the court grants more time. Court costs are then assessed under Iowa Code 633.31 on the probate assets listed in that report and inventory.
- Handle claims and administration. Claims are filed with the clerk and are barred unless filed by the later of four months after the second publication or one month after mailed notice to a reasonably ascertainable creditor under Iowa Code 633.410. The personal representative collects assets, pays proper expenses and claims, and prepares for distribution.
- Close the estate. A chapter 635 estate closes by closing statement and clerk discharge under Iowa Code 635.8 if no pending objection prevents it. 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 Madison County
Madison County does not post a downloadable local probate packet, cover sheet or checklist for decedent estates. The county department listing includes the clerk's contact information, but it does not provide local probate forms for download.
Iowa also does not provide a fill-in statewide probate form packet for starting and administering a decedent's estate. A self-represented filer usually prepares the petition, notices, report and inventory, and closing papers from the Iowa statutes or works with a lawyer. Before filing, call the Madison County clerk at 515-462-4451 and ask what the office expects with your submission.
If you cannot locate the original will, call the clerk in Winterset and ask whether a will is on deposit. Iowa clerks maintain a file for safekeeping wills under Iowa Code 633.286.
Local nuance
Madison County-specific considerations
| Local point | What it means for a Madison County filing |
|---|---|
| Winterset filing counter | The clerk of the district court is at 112 N John Wayne Drive in the Madison County Courthouse. Madison County's Fifth Judicial District status does not move the case to Des Moines. |
| Separate county buildings | Some county offices are in a separate building at 201 W. Court. Probate filings go to the clerk of the district court at the courthouse, not to the land-records, tax or other county offices. |
| Mailing address | Mail for the clerk can be addressed to P.O. Box 152, Winterset, IA 50273. For anything time-sensitive, call 515-462-4451 before relying on mail. |
| Fax and email | The clerk publishes fax 515-462-9825 and [email protected]. These are contact methods, not substitutes for EDMS filing under Iowa Ct. R. 16.302. |
| Hours to confirm | Courthouse offices are open 8:00 a.m. to 4:30 p.m., Monday through Friday. A separate probate counter schedule, lunch closure or filing cutoff is not posted, so call before traveling. |
| No posted local packet | Madison County does not post local decedent-estate forms. Ask the clerk what the office expects to receive with a filing. |
Recent updates
| Change | What changed |
|---|---|
| Affidavit for distribution of property | The ceiling for Iowa Code 633.356 rose to $100,000 effective July 1, 2026, and the test now requires probate assets to consist only of personal property with no interest in real estate. |
| Report and inventory deadline | The deadline moved to 120 days after qualification under Iowa Code 633.361, effective July 1, 2026, alongside the Iowa Code 633.356 change noted above. |
| Iowa tax change | Iowa's inheritance tax ended for deaths on or after January 1, 2025 under Iowa Code 450.98, and Iowa has no state estate tax. |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking the deed and account titling. Joint tenancy property is outside the Iowa Code 633.31 probate-asset cost base. If a court case is still needed, file it through EDMS with the Madison County clerk in Winterset under Iowa Ct. R. 16.302. | Sunset helps identify accounts, deeds and beneficiary designations so the spouse can see what belongs in estate settlement and what may pass outside probate. |
| Out-of-state adult child with a small estate | If the assets are only personal property and there is no interest in real estate, the Iowa Code 633.356 affidavit may be presented to the holder of the property after the statutory conditions are met. If a court case is needed, use EDMS for Madison County and ask a lawyer about the court-order route for a nonresident personal representative. | Sunset organizes asset information, flags when real estate changes the path, and can connect the child with an Iowa attorney for the Winterset filing. |
| Parent settling predeceased child's estate, home must be sold | A home means the affidavit route is not enough. The estate likely needs a Madison County court case, letters from the clerk, and court costs assessed under Iowa Code 633.31 on the probate assets in the report and inventory. | Sunset helps gather account data, prepare an estate settlement plan, and connect the parent with counsel for authority to sell the real estate. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Madison County | Madison County Courthouse, 112 N John Wayne Drive, Winterset, IA 50273. Phone 515-462-4451, fax 515-462-9825, email [email protected]. The clerk receives filings, issues letters and collects court costs. Court staff can answer procedural questions, but they cannot give legal advice, choose a probate route or complete papers for you. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case-type 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 to answer. It is a question-and-answer service, not full representation. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association's directory at iowabar.org lets users search by practice area, county and city. Participating lawyers charge a reduced fee for up to thirty minutes of initial consultation. |
| Application to Defer Costs | If you cannot afford court costs, file an Application to Defer Costs with the clerk in Winterset. A judge decides whether to postpone costs, and Iowa offers a free interactive forms interview for that application. |
| Iowa Courts Online | Use the statewide public docket search at https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Public case documents are viewed on a courthouse terminal in the county where the case was filed. Technical help is available at 1-800-831-1396. |
When to hire an attorney
A lawyer makes sense in Madison County when the estate includes real estate to sell, a possible will contest, disputed creditor claims, an insolvent estate, a missing original will, no posted form packet, or a personal representative who lives outside Iowa. The clerk of the district court has important statutory duties in an Iowa estate, but the office cannot give legal advice or choose the right filing path. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families locate accounts, policies and other assets before they choose an estate settlement path in Madison County.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for the Iowa District Court for Madison County, including the asset list and filing details a lawyer or self-represented filer can use.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted Iowa probate attorney who understands EDMS filing, Madison County routing and Iowa probate procedure.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, identify assets and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Madison County, Iowa?
File in the Iowa District Court for Madison County through the clerk of the district court at the Madison County Courthouse, 112 N John Wayne Drive, Winterset, IA 50273. Madison County is in Iowa's Fifth Judicial District, but a Madison County estate is filed in Winterset, not Des Moines.
Does Madison County have a separate probate filing office?
No. Probate is handled by the clerk of the district court for the Iowa District Court for Madison County. Do not take a probate petition to another county office.
Can I e-file a Madison County probate case myself?
Yes. EDMS is required for Iowa filings, including filings by self-represented people, under Iowa Ct. R. 16.302. If you cannot reasonably use EDMS, call the Madison County clerk at 515-462-4451 and ask how to request a good-cause exception.
Does Madison County post probate forms online?
Madison County does not post a downloadable local probate packet, cover sheet or checklist. Iowa also does not provide a fill-in statewide decedent-estate packet, so call the clerk in Winterset or work with a lawyer before filing.
How much does probate cost in Madison County?
Probate court costs in Iowa are set statewide by Iowa Code 633.31. The main cost is 0.2% of the probate assets listed in the report and inventory, plus statutory flat items in that section. The clerk can explain how costs are collected in your case.
Will there be a hearing in a Madison County probate case?
Most Iowa probate matters are handled on the papers filed with the clerk. A hearing can happen if someone objects, the court orders one, or a contested issue comes up. Call the Madison County clerk at 515-462-4451 to ask whether your matter has been set.
Can I appear remotely for a Madison County probate hearing?
Iowa proceedings are presumed in person. A party who wants remote participation files a motion, and the judge decides under Iowa Ct. R. 15.302. If a hearing is set, ask the clerk how that judge handles appearance requests.
Can I look up a Madison County probate case on Iowa Courts Online?
Yes. Iowa Courts Online provides free public docket search with no registration or subscription. The public web docket is an index of filings and events. Public case documents are viewed on a courthouse terminal in the county where the case was filed.
Do I have to travel to Winterset to start the case?
Because EDMS filing is required under Iowa Ct. R. 16.302, many filings can be submitted electronically. If you need a paper-filing exception, need to view public case documents, or need to handle an in-person hearing or counter issue, call the clerk before traveling to Winterset.
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.