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Montgomery County, IA Probate Information
Quick facts
| Item | Montgomery County information |
|---|---|
| Court | Iowa District Court for Montgomery County |
| Filing office | Clerk of the district court, Montgomery County |
| Judicial district | Iowa's Fourth Judicial District, with the case filed in Red Oak |
| Courthouse address | 105 E Coolbaugh Street, Red Oak, IA 51566 |
| Mailing address | P.O. Box 469, Red Oak, IA 51566 |
| Phone | 712-623-4986 |
| Fax | 712-623-4987. This is not a filing channel. |
| [email protected] | |
| Hours | General courthouse hours published for other offices in the building are 8:00 a.m. to 4:30 p.m., Monday through Friday. The clerk's own counter hours are not separately posted, so call 712-623-4986 before traveling. |
| 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 when they apply. Ask the clerk how costs will be collected in your case. |
| Local forms | Montgomery County publishes no local probate form, cover sheet, or checklist. |
| E-filing | EDMS is required for Iowa court filing, including self-represented filers, unless an exception is granted 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; 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. |
| Website | Montgomery County publishes a Clerk of Court page at montgomerycountyia.gov. The Iowa Judicial Branch also publishes the Montgomery County court contact listing. |
Before you begin — know the assets and liabilities
Before you choose a probate path in Montgomery County, make a practical list of the decedent's assets, debts, title documents, account beneficiaries, and whether any real estate is involved. Iowa has several estate settlement routes, and the right filing depends on what property actually needs court authority.
Sunset helps families discover accounts across more than 2,300 institutions before they prepare a filing plan. That asset discovery can keep a Montgomery County estate settlement from starting with the wrong assumptions about bank accounts, real estate, retirement accounts, or creditor exposure.
Which court handles jurisdiction
Probate for Montgomery County is filed with the clerk of the district court at the Montgomery County Courthouse in Red Oak. The court is the Iowa District Court for Montgomery County, which sits in Iowa's Fourth Judicial District, but the filing office for a Montgomery County estate is the Red Oak courthouse.
Iowa venue is based on the county where the decedent resided at death. If the decedent was not an Iowa resident, the proper county is the county where the Iowa property is located or later brought (Iowa Code 633.12).
The jurisdiction process
- Collect the death certificate, the original will if there is one, asset information, debt information, and real estate title details. A person holding the will after the testator's death must deliver it to the district court with jurisdiction (Iowa Code 633.285).
- Choose the Iowa route before filing. The affidavit for distribution of property can apply only when the decedent's probate assets consist only of personal property, with no interest in real estate, and the gross value is $100,000 or less under Iowa Code 633.356, effective July 1, 2026. Small estate administration is a court case under chapter 635 when gross probate assets are not more than $200,000 under Iowa Code 635.1, effective July 1, 2020. Other estates use full administration or, in some will cases, probate of a will without administration.
- Register for EDMS, Iowa's e-filing system, or ask how to request an exception. EDMS registration and e-filing are required for attorneys and self-represented filers, with exceptions available under Iowa Ct. R. 16.302.
- E-file the petition with the clerk of the district court for Montgomery County. The Red Oak courthouse is the local filing office. If you need to send permitted paper material, use P.O. Box 469, Red Oak, IA 51566, and call 712-623-4986 first.
- If there is an original will, scan and e-file it. The filer keeps the paper original at least until the estate concludes and may submit the original will to the clerk for nonelectronic preservation after e-filing (Iowa Ct. R. 16.411).
- After the required oath and any bond, the clerk issues the proper 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 under Iowa Code 635.1.
- Give notice after letters issue. Iowa 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. In a testate estate, notice also goes to the surviving spouse, heirs, and devisees whose identities are reasonably ascertainable (Iowa Code 633.230, 633.304).
- File the report and inventory within 120 days after qualification unless the court allows more time (Iowa Code 633.361). The probate court cost is based on 0.2% of the probate assets listed in the report and inventory, plus statutory flat items when they apply (Iowa Code 633.31).
- Track creditor deadlines carefully. Claims are filed with the clerk by the later of four months after the second publication of notice or, for a reasonably ascertainable creditor, one month after notice is mailed to that creditor (Iowa Code 633.410).
- 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 through the final report and the court's order approving it and discharging the personal representative.
Forms and documents
Probate forms in Montgomery County
Montgomery County publishes no local probate form, cover sheet, or checklist for a decedent's estate. Iowa also does not provide a statewide probate packet for these filings, so a self-represented filer usually drafts the petition, notices, report and inventory, and closing papers from Iowa law or works with an attorney.
The clerk of the district court can receive filings, issue letters after the legal requirements are met, and collect costs. The clerk cannot choose the probate route, draft the petition, or tell you how to present the estate.
Local nuance
Montgomery County-specific considerations
- Montgomery County has one filing counter in Red Oak at 105 E Coolbaugh Street. The Fourth Judicial District groups judges and administration, not filing offices.
- The clerk's mailing address is P.O. Box 469, Red Oak, IA 51566. Use that address for mail directed to the clerk of the district court.
- The clerk publishes a phone number, fax, and office email: 712-623-4986, 712-623-4987, and [email protected]. The fax and email are not substitutes for EDMS filing under Iowa Ct. R. 16.302.
- The clerk's own counter hours are not separately posted. General courthouse hours for other offices in the building are 8:00 a.m. to 4:30 p.m., Monday through Friday, so call 712-623-4986 before traveling to file or view documents.
- Montgomery County adds no local probate paperwork to the statewide Iowa requirements.
Recent updates
| Change | What it means |
|---|---|
| Affidavit ceiling updated | The affidavit for distribution of property under Iowa Code 633.356 reaches qualifying personal-property-only estates of $100,000 or less, effective July 1, 2026. |
| Report and inventory deadline updated | The report and inventory deadline is 120 days after qualification unless the court allows more time (Iowa Code 633.361). |
| Iowa inheritance tax ended for new deaths | For a person who died on or after January 1, 2025, Iowa Code 450.98 repeals Iowa inheritance tax for that estate. Iowa also does not have a state estate tax. |
Scenarios
| Situation | Likely Montgomery County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title and beneficiary designations. Joint tenancy property is outside the Iowa Code 633.31 court-cost base, but a court case in Red Oak may still be needed for assets that do not pass automatically. | Sunset identifies accounts, flags title questions, and helps the spouse organize the estate settlement picture before filing. |
| Out-of-state adult child with a small estate | If the probate assets are only personal property, there is no real estate interest, and the value is $100,000 or less under Iowa Code 633.356, effective July 1, 2026, the affidavit route may avoid a court case. If the estate needs chapter 635 small estate administration or full administration, file in Red Oak through EDMS under Iowa Ct. R. 16.302. A nonresident personal representative needs a court order under Iowa law. | Sunset helps the child work remotely, gather account information, and prepare questions before contacting the Montgomery County clerk. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit route is not available for an estate with real estate. The parent likely needs a court case in Red Oak and letters from the clerk, with costs calculated under Iowa Code 633.31 from the report and inventory. | Sunset organizes the asset picture, prepares a document checklist, and connects the family with a local probate attorney for the sale process. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Montgomery County | Receives probate filings, issues letters when the legal requirements are met, and collects court costs. Contact: 105 E Coolbaugh Street, P.O. Box 469, Red Oak, IA 51566; 712-623-4986; [email protected]. Court staff cannot provide legal advice. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case-type priorities. Apply by calling 1-800-532-1275. Iowans age 60 and older may call 1-800-992-8161. |
| Iowa Free Legal Answers | At iowa.freelegalanswers.org, an income-eligible Iowan can post a civil legal question for a volunteer Iowa attorney to answer. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association offers a searchable lawyer directory at iowabar.org. Participating lawyers offer a reduced-fee initial consultation of up to thirty minutes. |
| Application to Defer Costs | A person who cannot afford court costs can file a written Application to Defer Costs with the Montgomery County clerk, and a judge decides whether costs may be postponed. Iowa's free interactive form program includes this application. |
| Iowa Courts Online | Free public docket search at https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. The docket is an index, not the documents. Technical help desk: 1-800-831-1396. |
When to hire an attorney
An attorney makes sense in Montgomery County when the estate includes real estate, the will may be challenged, a creditor claim is disputed, the estate may be insolvent, a sale must close on a deadline, or the proposed personal representative lives outside Iowa. Iowa has no statewide decedent-estate form packet, Montgomery County publishes no local packet, and the clerk cannot choose the correct route or draft the petition. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances, insurance, debts, and other leads before they choose a probate path.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement workspace, with document checklists and next steps tailored to the Montgomery County filing office in Red Oak.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted Iowa probate attorney who understands local filing practice and EDMS under Iowa Ct. R. 16.302.
Sunset is free for families. Families can use Sunset to organize an estate settlement, prepare for probate, and understand what to ask the clerk or attorney without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Montgomery County?
File with the clerk of the district court for Montgomery County at the Montgomery County Courthouse in Red Oak. The street address is 105 E Coolbaugh Street, Red Oak, IA 51566, and the mailing address is P.O. Box 469, Red Oak, IA 51566.
Can I e-file a Montgomery County probate case?
Yes. EDMS filing is required statewide for Iowa court filings, including self-represented filers, unless an exception is granted under Iowa Ct. R. 16.302. Call the Montgomery County clerk at 712-623-4986 if you need to ask how to request an exception.
What are the Montgomery County clerk's hours?
The clerk's own counter hours are not separately posted. General courthouse hours for other offices in the building are 8:00 a.m. to 4:30 p.m., Monday through Friday. Call 712-623-4986 before traveling.
Does Montgomery County have local probate forms?
No local probate form, cover sheet, or checklist is published for Montgomery County. Iowa also does not provide a statewide probate packet for decedent estates.
How much does probate cost in Montgomery County?
Iowa uses the statewide cost structure in Iowa Code 633.31. The main court cost for an estate is 0.2% of the probate assets listed in the report and inventory, plus statutory flat items when they apply. The clerk can tell you how costs are collected in your case.
Will there be a probate hearing in Montgomery County?
Many Iowa probate matters are handled on the papers filed with the clerk. A hearing may be needed if someone objects, a disputed issue arises, or the court orders one. Call the clerk to ask how Montgomery County sets a matter once a case is pending.
Can I appear by video if a Montgomery County hearing is set?
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.
How do I look up a Montgomery County probate case?
Use Iowa Courts Online for the free public docket search. 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 have the original will?
A person holding the will after death must deliver it to the district court with jurisdiction (Iowa Code 633.285). In an e-filed case, the original will is scanned and e-filed, and the filer may submit the paper original to the clerk for nonelectronic preservation after e-filing (Iowa Ct. R. 16.411).
Do I have to travel to Red Oak?
Not for every step. EDMS filing under Iowa Ct. R. 16.302 handles filings electronically, and many Iowa probate matters are handled on the papers. If a hearing is set, in-person appearance is presumed unless the judge grants a motion for remote appearance 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.