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Marshall County, IA Probate Information
Quick facts
| Item | Marshall County detail |
|---|---|
| Court | Iowa District Court for Marshall County |
| Filing office | Clerk of the district court, 17 East Main Street, Marshalltown, IA 50158 |
| Courthouse building | Marshall County Courthouse, 1 East Main Street, Marshalltown, IA 50158 |
| Mailing address | No separate post office box is published for the clerk. Address mail to the clerk of the district court at 17 East Main Street, Marshalltown, IA 50158, and call first for time-sensitive filings. |
| Phone | 641-754-1603 |
| Fax | 641-754-1600. Fax is not a substitute for EDMS filing. |
| [email protected]. Email is not a substitute for EDMS filing. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. Department hours may vary, and no separate probate counter cutoff is published. |
| Judicial district | Iowa's Second Judicial District. Marshall County filings stay in Marshalltown. |
| Filing fee | Iowa Code 633.31 uses court costs equal to 0.2% of the value of the probate assets listed in the report and inventory, plus statutory flat items. Ask the clerk how costs will be collected in your case. |
| Local forms | No Marshall County local probate form, cover sheet, or checklist is published. |
| E-filing | EDMS is required for attorneys and self-represented filers, with exceptions available under Iowa Ct. R. 16.302. |
| Case search | 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. |
| Remote appearance | Iowa proceedings are presumed in person. A party asks for a remote or hybrid appearance by motion under Iowa Ct. R. 15.302, and the judge decides case by case. |
| Website | County government site: marshallcountyia.gov. Court contact information is published by the Iowa Judicial Branch. |
Before you begin — know the assets and liabilities
Before filing anything in Marshall County, list the property, debts, account holders, beneficiary designations, and whether any real estate is involved. The route can change if the estate includes a Marshall County home, if an account has a payable-on-death beneficiary, or if the only assets can be handled outside a court case.
Sunset helps families build that estate settlement picture before they decide what to file. Sunset's asset discovery searches across more than 2,300 financial institutions, so you can identify accounts, debts, and possible non-probate transfers before contacting the Marshalltown clerk or a lawyer.
Which court handles jurisdiction
Probate for Marshall County is filed with the clerk of the district court at 17 East Main Street in Marshalltown, in the Iowa District Court for Marshall County. The historic courthouse building is at 1 East Main Street, and both addresses are on the courthouse square. Call 641-754-1603 before going in person if you need directions to the correct entrance or counter.
The Marshall County clerk serves the whole county, including Marshalltown, Albion, Clemons, Ferguson, Gilman, Haverhill, Laurel, Le Grand, Liscomb, Melbourne, Rhodes, St. Anthony, and State Center. Iowa's Second Judicial District groups Marshall County with other counties for judicial administration, but it does not move Marshall County probate filings to Nevada, Mason City, or any other county seat.
Venue comes from Iowa Code 633.12. The district court of the county has original and exclusive jurisdiction over estates of people who were residents of that county at death. For a nonresident who left Iowa property, venue is in the county where the property is located or later brought.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a first list of assets and debts, and the names and addresses of the surviving spouse, heirs, devisees, and known 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.
- Choose the Iowa route before filing in Marshall County. Some personal-property estates use the affidavit procedure under Iowa Code 633.356 without a court filing. A court case may instead be a chapter 635 small estate, a probate of a will without administration, or a full chapter 633 administration.
- Register for EDMS or ask the Marshall County clerk how to request an exception. Iowa Ct. R. 16.302 requires EDMS filing for self-represented filers as well as attorneys, but the rule allows a one-time paper filing exception while the clerk's office is open and a case-long exception by court order for good cause.
- E-file the petition with the clerk of the district court for Marshall County. The local filing office is 17 East Main Street, Marshalltown, IA 50158. If you are filing a will, scan and e-file the original will, keep the paper original as required, and ask the clerk whether to submit the paper will afterward for preservation under Iowa Ct. R. 16.411.
- After the court action needed for appointment and after the oath and any required bond, the clerk issues the authority document. In a will case that usually means letters testamentary under chapter 633. In an intestate case that usually means letters of administration under chapter 633. In a chapter 635 small estate, the clerk issues letters of appointment 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 published in Marshall County and mails required notices to known creditors and, in a will case, to the surviving spouse, heirs, and devisees as required by Iowa Code 633.230 and Iowa Code 633.304.
- File the report and inventory with the Marshall County clerk. Iowa Code 633.361 requires the report and inventory within 120 days after qualification, unless the court allows more time. Court costs are then calculated under Iowa Code 633.31 as 0.2% of the probate assets listed in that report and inventory, plus statutory flat items.
- Track claims filed with the clerk. Under Iowa Code 633.410, a claim is barred unless filed by the later of four months after the second publication of notice or one month after mailed notice to that creditor, with a separate Medicaid-recovery timing rule in the same section.
- Administer, distribute, and close the estate. 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 the report and discharging the personal representative.
- Ask before assuming a hearing. Most Iowa probate matters are handled on the papers filed with the clerk, but a hearing can be set if someone objects, the court orders one, or a contested issue arises. If a hearing is set in Marshall County, any request to participate by remote means is handled under Iowa Ct. R. 15.302.
Forms and documents
Probate forms in Marshall County
Marshall County does not publish a local probate form, cover sheet, or checklist. Iowa also does not provide a statewide probate form packet through its interactive court forms program, so a self-represented filer generally drafts the petition, notices, report and inventory, and closing papers from the statutes or works with a lawyer.
Before filing, call the Marshall County clerk at 641-754-1603 to ask how the office wants local questions handled in EDMS, whether the original will should be submitted for preservation after it is scanned and e-filed, and whether any judge-specific instruction applies to your case. The clerk can explain filing mechanics, but the clerk cannot choose the probate route or give legal advice.
Local nuance
Marshall County-specific considerations
| Local point | Why it matters |
|---|---|
| Two downtown addresses | Use 17 East Main Street for the Marshall County clerk of the district court. The historic courthouse building is at 1 East Main Street. Both are on the courthouse square in Marshalltown, so call 641-754-1603 if you are unsure where to go. |
| 2018 courthouse damage is history, not the current filing rule | The 1886 courthouse was damaged by the July 2018 Marshalltown tornado, and court services were temporarily moved. Current Marshall County probate filing is in Marshalltown at the clerk's 17 East Main Street address. |
| Recovered office contacts | The clerk's office publishes phone 641-754-1603, fax 641-754-1600, and email [email protected]. Fax and email do not replace EDMS filing. |
| Second Judicial District | Marshall County is in Iowa's Second Judicial District, which also includes other counties. The district is an administrative grouping, not a shared filing counter. Marshall County estate filings stay with the clerk in Marshalltown. |
Recent updates
| Change | What it means for Marshall County filings |
|---|---|
| Affidavit ceiling changed | For deaths handled after July 1, 2026, the affidavit for distribution of property under Iowa Code 633.356 applies to qualifying personal-property estates of $100,000 or less, with no interest in real estate. |
| Report and inventory deadline changed | Effective July 1, 2026, Iowa Code 633.361 gives the personal representative 120 days after qualification to file the report and inventory unless the court grants more time. |
| Iowa inheritance tax ended for new deaths | Iowa imposes no inheritance tax on estates of people who died on or after January 1, 2025 under Iowa Code 450.98. For an earlier death, ask a lawyer or the Iowa Department of Revenue. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. Joint tenancy property is outside the Iowa Code 633.31 court-cost base, so a full probate filing may not be needed for that asset. If a filing is needed, it goes through EDMS with the Marshall County clerk in Marshalltown. | Sunset finds accounts, organizes title and beneficiary information, and helps the spouse see the estate settlement picture before making an unnecessary filing. |
| Out-of-state adult child with a small estate | If the assets fit the Iowa Code 633.356 affidavit route, the affidavit goes to the holder of the property rather than to the clerk. If there is real estate or a court case is needed, chapter 635 may apply, and a nonresident fiduciary qualifies by court order under Iowa Code 633.64. | Sunset helps the child work remotely, identify accounts, prepare questions for the Marshalltown clerk, and organize the packet for a lawyer if court appointment is needed. |
| Parent settling a predeceased child's estate, home must be sold | Real estate keeps the matter out of the affidavit route. The family should expect a Marshall County court case, letters from the clerk after the required appointment steps, a report and inventory, and court costs calculated under Iowa Code 633.31. | Sunset organizes assets and debts, generates an estate settlement packet with Marshall County filing details, and connects the family to a local attorney for the sale and court filings. |
Self-help resources
| Resource | How it helps |
|---|---|
| Marshall County clerk of the district court | 17 East Main Street, Marshalltown, IA 50158. Phone 641-754-1603, fax 641-754-1600, email [email protected]. The clerk receives filings, issues letters, and collects court costs. The office cannot give legal advice or choose the route for you. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case-type priorities. Statewide application line: 1-800-532-1275. Iowans age 60 and older may call 1-800-992-8161. |
| Iowa Free Legal Answers | iowa.freelegalanswers.org lets income-eligible Iowans 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 offers a lawyer directory at iowabar.org, searchable by practice area, county, and city, with a reduced-fee initial consultation for participating lawyers. |
| Application to Defer Costs | If you cannot afford court costs, file a written Application to Defer Costs with the Marshall County clerk. A judge decides whether payment can be postponed. Iowa offers a free interactive interview for this fee-waiver request. |
| Iowa Courts Online | Use https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame to search the public docket for free with no registration. For technical help, call 1-800-831-1396. |
When to hire an attorney
A lawyer is especially useful in Marshall County when the estate includes real estate to sell, a possible will contest, a disputed creditor claim, an out-of-state fiduciary, missing asset information, or a family disagreement about who should serve. Iowa does not provide a fill-in probate packet, Marshall County does not add a local packet, the clerk cannot give legal advice, and EDMS filing applies to self-represented filers under Iowa Ct. R. 16.302. 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 identify bank accounts, investment accounts, insurance, retirement assets, loans, and other property before the family chooses a Marshall County filing path.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, including asset lists, contact details, and Marshall County filing information that can be used with EDMS or shared with an attorney.
Find a local probate attorney. When a court case, real estate sale, contested claim, or out-of-state fiduciary issue makes counsel the practical choice, Sunset helps connect the family to a vetted attorney familiar with Iowa probate.
Sunset is free for families. Families can use Sunset to organize the estate, understand what is missing, and move the estate settlement forward without paying Sunset for the core service.
Frequently asked questions
Where do I file probate for Marshall County?
File with the clerk of the district court for Marshall County at 17 East Main Street, Marshalltown, IA 50158, through EDMS unless an exception applies under Iowa Ct. R. 16.302. The historic courthouse building is at 1 East Main Street, so call 641-754-1603 if you plan to go in person and need directions.
Is Marshall County probate filed in the Second Judicial District office somewhere else?
No. Marshall County is in Iowa's Second Judicial District, but that district is an administrative grouping. Probate for Marshall County is filed with the clerk in Marshalltown, not in another Second District county.
Does Marshall County have local probate forms?
No Marshall County local probate form, cover sheet, or checklist is published. Iowa also does not provide a statewide probate packet through its interactive court forms program, so ask the clerk about filing mechanics and talk with a lawyer if you need help choosing or drafting the documents.
Can I e-file a Marshall County probate case myself?
Yes, and Iowa Ct. R. 16.302 requires EDMS filing for self-represented filers as well as attorneys. If you cannot reasonably e-file, ask the Marshall County clerk how to request a one-time paper filing exception or a case-long exception by court order.
How much are Marshall County probate court costs?
Marshall County uses the statewide Iowa Code 633.31 structure. For a decedent's estate, the main court cost is 0.2% of the value of the probate assets listed in the report and inventory, plus statutory flat items. Ask the clerk how the costs will be collected in your case.
Will there be a hearing in Marshall County probate?
Most 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. The clerk can tell you whether a matter has been set, but cannot predict how the judge will rule.
Can I appear remotely for a Marshall County probate hearing?
Iowa proceedings are presumed in person. If a hearing is set and you want to appear remotely, file a motion under Iowa Ct. R. 15.302 stating specific grounds. The judge decides case by case, and the court can also order a remote or hybrid proceeding on its own motion.
Can I look up a Marshall County probate case online?
Use Iowa Courts Online to search the public docket for free with no registration. The docket is an index of filings and proceedings. Public documents are available at a courthouse terminal in the county where the case was filed.
Is the Marshall County courthouse open after the tornado damage?
Yes. The old temporary relocation after the 2018 tornado is historical. Current probate filings for Marshall County go to the clerk of the district court at 17 East Main Street in Marshalltown, and the courthouse building is at 1 East Main Street. General courthouse hours are Monday through Friday, 8:00 a.m. to 4:30 p.m., with department hours that may vary.
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.