Back to Iowa
O'Brien County, IA Probate Information
Quick facts
| Item | O'Brien County details |
|---|---|
| Court | Iowa District Court for O'Brien County |
| Filing office | Clerk of the district court, O'Brien County Courthouse, 155 South Hayes Avenue, Second Floor, Primghar, IA 51245 |
| Mailing address | O'Brien County Courthouse, 155 South Hayes Avenue, Primghar, IA 51245 |
| Phone | 712-957-3255. A separate 712-957-5860 line is published for traffic and small claims, not probate. |
| Fax | 712-957-2965 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. Call before traveling because lunch closures and filing cutoffs are not published. |
| Judicial district | Iowa's Third Judicial District. The district is administrative. O'Brien County probate is filed in Primghar. |
| Filing fee | Iowa Code 633.31 uses a statewide court-cost formula of 0.2% of the value of probate assets listed in the report and inventory, plus statutory flat items. The clerk can tell you what is due in your filing. |
| Local forms | O'Brien County publishes no local probate form, cover sheet or checklist. |
| E-filing | EDMS is required for attorneys and self-represented filers under Iowa Ct. R. 16.302, with limited paper-filing exceptions. |
| 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 a remote appearance by motion, and the judge applies Iowa Ct. R. 15.302. |
| Website | obriencounty.iowa.gov, including the county's Clerk of Court contact page |
Before you begin — know the assets and liabilities
Before opening an O'Brien County probate case, make a working list of the decedent's assets, debts, account holders, real estate, vehicles, beneficiary designations and any co-owned property. The route depends on what is actually in the estate, and the wrong route can waste time in an already difficult estate settlement.
Sunset helps families start with asset discovery across more than 2,300 financial institutions, then organizes what was found into the next estate settlement step, whether that is an Iowa Code 633.356 affidavit, a chapter 635 case or full administration in Primghar.
Which court handles jurisdiction
O'Brien County probate filings go to the clerk of the district court at the O'Brien County Courthouse, 155 South Hayes Avenue, Second Floor, Primghar, IA 51245. One filing counter serves the county for probate. The Third Judicial District juvenile office in Sheldon is a different office for a different case type.
Venue follows Iowa Code 633.12. The district court of the county where the decedent lived, or lived at death, has original and exclusive jurisdiction over that estate. If the decedent was not an Iowa resident, venue is in the Iowa county where the property subject to administration is located or later brought.
O'Brien County sits in Iowa's Third Judicial District with other northwest Iowa counties. That district assignment does not move the filing to Algona, Sheldon or another county seat. File an O'Brien County estate in Primghar.
The jurisdiction process
- Collect the death certificate, the original will if there is one, asset information, debt information and the names and addresses of heirs, devisees and known creditors. A person who has custody of the will after learning of the death must deliver it to the court with jurisdiction under Iowa Code 633.285.
- Choose the correct Iowa route before filing. The Iowa Code 633.356 affidavit is not filed as an O'Brien County court case and applies to personal property only, with no interest in real estate, at $100,000 or less effective July 1, 2026. Chapter 635 small estate administration is a court case for qualifying estates at $200,000 or less under Iowa Code 635.1, effective July 1, 2020. A will can sometimes be probated without administration under Iowa Code 633.31 and 633.305. Other estates proceed under Iowa Code 633.
- Register for EDMS under Iowa Ct. R. 16.302 before filing. If you cannot reasonably e-file, ask the O'Brien County clerk how to request a one-time paper-filing exception or a case-long exception under Iowa Ct. R. 16.302.
- E-file the petition with the clerk of the district court for O'Brien County. If there is an original will, scan and e-file it, keep the paper original at least until the estate concludes, and know that the filer may submit it to the clerk for non-electronic preservation under Iowa Ct. R. 16.411.
- After the required oath and any bond that applies, the clerk issues the authority document. In a chapter 633 estate, that may be letters testamentary under Iowa Code 633 when there is a will, or letters of administration under Iowa Code 633 when there is no will. In a chapter 635 small estate case, 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 in the county where the estate is pending, and known creditors receive mailed notice under Iowa Code 633.230 or 633.304. A testate estate also requires notice to the surviving spouse, heirs and devisees whose identities are reasonably ascertainable.
- File the report and inventory within 120 days after qualification unless the court allows more time under Iowa Code 633.361. Iowa Code 633.31 then applies the 0.2% court-cost formula to the probate assets listed in the report and inventory.
- Track creditor claims. Under Iowa Code 633.410, claims are barred unless filed with the clerk by the later of four months after the second publication of notice or one month after notice was mailed to a reasonably ascertainable creditor. Medicaid-recovery claims have a separate six-month rule in Iowa Code 633.410.
- Administer the estate, pay allowed claims and taxes that apply, sell or transfer property only with the authority the case allows, and keep records for the final filing.
- Close the case. A chapter 635 case closes by closing statement, with interested parties able to object and request a hearing 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 O'Brien County
O'Brien County does not publish a local probate form, cover sheet or checklist. Iowa also does not publish a general probate packet for decedent estate administration, and the free Iowa interactive forms program does not cover probate petitions, reports and notices.
Call the clerk of the district court at 712-957-3255 before filing to ask what the Primghar office wants included with your EDMS filing under Iowa Ct. R. 16.302, especially if you have an original will, a proposed personal representative who lives outside Iowa, or real estate to sell.
Local nuance
O'Brien County-specific considerations
| Point | Why it matters |
|---|---|
| One probate filing counter | The O'Brien County clerk of the district court is on the Second Floor of the courthouse in Primghar. Do not use the Third Judicial District juvenile office in Sheldon for probate. |
| Recovered contact details | The clerk publishes fax 712-957-2965 and office email [email protected]. Those are contact channels, not a substitute for EDMS filing under Iowa Ct. R. 16.302. |
| Traffic and small claims line | The county also publishes 712-957-5860 for traffic and small claims. Use 712-957-3255 for the clerk's main line when asking about an estate filing. |
| No local probate packet | O'Brien County publishes no local probate form, cover sheet or checklist, so a self-represented filer should ask the clerk what filing mechanics are required and should get legal help for legal choices. |
Recent updates
| Update | What changed |
|---|---|
| Iowa Code 633.356 affidavit | The personal-property affidavit amount is $100,000, effective July 1, 2026, and the estate must have no interest in real estate. |
| Report and inventory deadline | The report and inventory deadline is 120 days after qualification under Iowa Code 633.361, effective July 1, 2026. |
| Iowa inheritance tax | For deaths on or after January 1, 2025, Iowa imposes no inheritance tax under Iowa Code 450.98, and Iowa has no state estate tax. |
Scenarios
| Situation | Likely O'Brien County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed and account titles. Joint tenancy property is outside the Iowa Code 633.31 court-cost base. If a probate case is still needed, file through EDMS under Iowa Ct. R. 16.302 with the clerk in Primghar. | Sunset helps identify accounts, title clues and beneficiary designations so the spouse can see what may pass outside probate and what may need estate settlement. |
| Out-of-state adult child w/ small estate | If the estate has only personal property, no interest in real estate, and is $100,000 or less effective July 1, 2026, the Iowa Code 633.356 affidavit may be presented to the property holder instead of opening a case. If chapter 635 small estate administration applies, the case is filed in Primghar, and a nonresident personal representative qualifies by court order under Iowa Code 633.64. | Sunset helps sort accounts and real estate questions before the child spends money or travel time on the wrong route. |
| Parent settling predeceased child's estate, home must be sold | The Iowa Code 633.356 affidavit is not the route when real estate is involved. The parent should expect a court case in O'Brien County, authority from the clerk, and court costs based on the Iowa Code 633.31 percentage formula rather than a flat opening fee. | Sunset organizes asset information, helps prepare the probate packet, and can connect the parent with an Iowa probate attorney for the sale and court filings. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, O'Brien County | 155 South Hayes Avenue, Second Floor, Primghar, IA 51245. Call 712-957-3255. The clerk receives filings, issues letters and collects court costs, but cannot choose a route, complete a petition or give legal advice. |
| 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 and receive an answer from a volunteer Iowa attorney. It is not ongoing representation. |
| Iowa Find-A-Lawyer | The Iowa State Bar Association service at iowabar.org lets users search by practice area, county and city. Participating lawyers offer a reduced fee for up to thirty minutes of initial consultation. |
| Application to Defer Costs | If you cannot afford court costs, file a written Application to Defer Costs with the O'Brien County clerk. A judge decides whether payment can be postponed, and Iowa provides a free interactive interview for this request. |
| Iowa Courts Online | Free public docket search with no registration at https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. The docket is an index. Public case documents are viewed at a courthouse terminal in the filing county. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build a clearer picture of accounts, debts, insurance, retirement assets and property before choosing an Iowa probate route.
Generate the probate packet. Sunset organizes the information needed for an O'Brien County filing, including the asset list, family information, creditor details and documents an attorney or self-represented filer needs for EDMS under Iowa Ct. R. 16.302.
Find a local probate attorney. When the estate has real estate, disputes, tax questions, an out-of-state fiduciary or no clear form path, Sunset can connect the family with an Iowa probate attorney who understands filings in O'Brien County.
Sunset is free for families. Families can use Sunset to start estate settlement, locate assets and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in O'Brien County?
File with the clerk of the district court at the O'Brien County Courthouse, 155 South Hayes Avenue, Second Floor, Primghar, IA 51245. O'Brien County is in Iowa's Third Judicial District, but probate filings for O'Brien County stay in Primghar.
Does O'Brien County require e-filing?
Yes. Iowa requires EDMS filing for attorneys and self-represented filers under Iowa Ct. R. 16.302. If you cannot reasonably e-file, ask the clerk at 712-957-3255 how to request a one-time paper exception or a case-long exception.
What are the O'Brien County clerk's hours?
The clerk's published hours are Monday through Friday, 8:00 a.m. to 4:30 p.m. Call before traveling because lunch closures and filing cutoffs are not published.
Does O'Brien County have local probate forms?
No local probate form, cover sheet or checklist is published for O'Brien County. Ask the clerk what filing mechanics the Primghar office wants, and consider using an attorney because Iowa does not provide a general decedent-estate probate packet.
How much does probate cost in O'Brien County?
Iowa Code 633.31 controls court costs statewide. For decedent estates, the main court cost is 0.2% of the value of probate assets listed in the report and inventory, plus statutory flat items. The clerk can tell you what must be paid in your specific filing.
Will there be a hearing in my O'Brien County probate case?
Many Iowa probate matters are handled on the papers filed with the clerk. A hearing can happen if someone objects, if a contested issue arises, or if the court orders one. Ask the clerk how a specific O'Brien County matter is being set.
Can I attend an O'Brien County probate hearing remotely?
Iowa court 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. The clerk can explain how to file the request, but cannot tell you what the judge will decide.
Can I look up an O'Brien County probate case online?
Use Iowa Courts Online for 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.
What if I have the original will?
A person who has the will after learning of the death must deliver it to the court with jurisdiction under Iowa Code 633.285. For e-filing, the will is scanned and filed electronically, the filer keeps the paper original at least until the estate concludes, and the filer may submit the original to the clerk for preservation under Iowa Ct. R. 16.411.
Do I have to travel to Primghar for estate settlement?
Not necessarily for every step, because filings are made through EDMS under Iowa Ct. R. 16.302. If a hearing or courthouse document access is needed, the case is tied to the O'Brien County Courthouse in Primghar unless the court orders otherwise.
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.