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Polk County, IA Probate Information
Quick facts
| Item | Polk County details |
|---|---|
| Court | Iowa District Court for Polk County |
| Filing office | Polk County clerk of the district court |
| Courthouse address | Polk County Courthouse, 500 Mulberry Street, Room 212, Des Moines, IA 50309 |
| Mailing address | Use the published street address for the clerk unless the clerk gives you different mailing instructions. |
| Phone | General clerk line: 515-561-5718. Polk County publishes 515-561-5815 as the Polk County Probate Clerk of Court line in a guardianship and conservatorship context, so confirm with the clerk that it is the right desk for a decedent's estate. |
| Fax | 515-323-5250 |
| [email protected] | |
| Hours | The clerk's counter hours are not posted online. Call 515-561-5718 before making a trip, especially if you have permission to file on paper. |
| Filing fee | Iowa Code 633.31 court costs are two-tenths of one percent (0.2%) of the probate assets listed in the report and inventory, plus statutory flat items, a formula created effective January 1, 2022. The clerk collects the costs and can confirm what a particular filing will cost. |
| Local forms | Polk County does not publish a fill-in form packet, cover sheet or checklist for settling a decedent's estate. |
| E-filing | EDMS is required for attorneys and self-represented filers under Iowa Ct. R. 16.302. The clerk of court can authorise a one-time paper filing while the clerk's office is open, and the chief judge of the judicial district can excuse a self-represented party from registering and e-filing for the whole case for good cause, by court order (Iowa Ct. R. 16.302(2)). |
| Case search | Iowa Courts Online provides free public docket search with no registration. The docket is an index of filings and proceedings; public documents are viewed on a courthouse public access 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, and the judge decides case by case under Iowa Ct. R. 15.302. |
| Website | https://www.iowacourts.gov/iowa-courts/district-court/judicial-district-5/district/5/county/polk |
Before you begin — know the assets and liabilities
Before you file anything in Polk County, identify the assets, debts, account titles and beneficiary designations. In Iowa, the court-cost calculation depends on the probate assets listed in the report and inventory, and the right estate settlement route depends on what the estate actually contains. Sunset's 2,300-institution asset discovery helps families find accounts and policies before they choose a filing path.
Next, separate the building question from the filing question. Polk County probate belongs at the courthouse on Mulberry Street rather than the other downtown court buildings, and filing is electronic through EDMS under Iowa Ct. R. 16.302 unless the court has excused you, in which case the papers go to the clerk's counter in Room 212.
Which court handles jurisdiction
Probate for Polk County is filed with the Polk County clerk of the district court at the Polk County Courthouse, 500 Mulberry Street, Room 212, Des Moines, in the Iowa District Court for Polk County. Polk County takes in Des Moines and the surrounding metropolitan communities, and wherever in the county the decedent lived, the estate is filed at the courthouse in Des Moines.
Polk County sits in Iowa's Fifth Judicial District, but the district is not a shared filing counter. A Polk County estate is filed in Des Moines; estates for residents of the other Fifth Judicial District counties are filed at their own county courthouses. The three main downtown court buildings serve different case types: probate goes to 500 Mulberry Street, while the Justice Center at 222 Fifth Avenue handles juvenile court, traffic, magistrate court including small claims, and mental health commitment hearings, and the Criminal Court Building at 110 6th Avenue handles adult criminal cases.
Iowa's venue rule is county based. The court of each county has original and exclusive jurisdiction to administer the estate of a person who was a resident of that county at death; for a nonresident, venue can lie where the Iowa property is located or later brought (Iowa Code 633.12).
The jurisdiction process
- Gather the death certificate, asset information, debt information and the original will if there is one. Anyone holding the will after learning of the death must deliver it to the court that has jurisdiction over the estate (Iowa Code 633.285).
- Decide which Iowa route fits before filing. Some estates use the affidavit for distribution of property under Iowa Code 633.356, some use small estate administration under chapter 635, some use probate of a will without administration, and others need full administration under chapter 633.
- Register for EDMS or ask the Polk County clerk of court how to request an exception from electronic filing. EDMS applies to self-represented filers as well as attorneys (Iowa Ct. R. 16.302).
- E-file the petition with the Polk County clerk of the district court. If the court has excused you from electronic filing, take the papers to Room 212 at the Polk County Courthouse, 500 Mulberry Street, after calling the clerk to check counter hours.
- Scan and e-file the original will. After e-filing, the paper original may be submitted to the clerk for non-electronic preservation (Iowa Ct. R. 16.411).
- File the oath and any bond if required. The clerk issues letters after those requirements are satisfied in a chapter 633 estate (Iowa Code 633.178), and the clerk issues letters of appointment in a chapter 635 small estate (Iowa Code 635.1).
- Publish notice once each week for two consecutive weeks in a newspaper of general circulation in Polk County, and mail required notices to the surviving spouse, heirs, devisees and known creditors as the case requires (Iowa Code 633.230, 633.304).
- File the report and inventory with the clerk within 120 days after qualification unless the court grants more time (Iowa Code 633.361).
- Pay the court costs assessed under Iowa Code 633.31. In the Fifth Judicial District, a referee-in-probate allowance may also be taxed and collected by the clerk as a cost of the estate.
- Handle creditor claims filed with the clerk within the later of four months after the second publication or one month after mailed notice to that creditor (Iowa Code 633.410).
- Distribute the estate, then close it. A chapter 635 estate closes by closing statement and clerk discharge (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.
Forms and documents
Probate forms in Polk County
Polk County does not publish a fill-in probate packet, local cover sheet or checklist for settling a decedent's estate. The Fifth Judicial District publishes local probate orders dealing with a referee in probate, but not a family-facing form set for opening or administering a decedent's estate.
Iowa's court form pages include a probate category and forms for adult guardianships and conservatorships, plus a referee's report form. Those are not a fill-in packet for a decedent's estate. A self-represented filer preparing an estate settlement in Polk County generally drafts the petition, notices, report and inventory, and closing papers from the statutes or works with a lawyer.
Fees
Polk County does not set its own probate filing fee. Probate court costs in Iowa are set by statute, and the clerk of court collects the costs. Ask the Polk County clerk what will be charged in a particular estate, especially if you need certified copies or other clerk services.
One additional local cost layer to understand is the referee in probate. Each judicial district fixes its own schedule by rule under Iowa Code 633.21. In the Fifth Judicial District, the clerk of court in each county is appointed referee in probate in probate matters unless a judge of the district has appointed someone else. A referee's allowance is taxed and collected by the clerk as a cost of the estate in addition to the Iowa Code 633.31 court costs. Ask the clerk what will actually be charged in your estate.
There is no additional fee for electronic filing in Iowa. If you cannot afford court costs, you can ask to defer costs by filing a written application with the clerk, and a judge decides the request.
Local nuance
Polk County-specific considerations
| Local point | What it means for a Polk County estate |
|---|---|
| Three main downtown court buildings | Probate belongs at the Polk County Courthouse, 500 Mulberry Street, not at the Justice Center and not at the Criminal Court Building. |
| Historic Courthouse name | Polk County and the Iowa Judicial Branch also call the 500 Mulberry Street building the Historic Courthouse, so that name may appear on directions or signage. |
| Public entrance and screening | The public entrance is on the west side of the courthouse off 6th Avenue, and everyone entering passes through security screening. |
| Metal container rule | No drinking cups, mugs or bottles containing any metal are allowed in the Polk County courthouses, effective March 30, 2026. |
| Probate phone listing | Polk County publishes 515-561-5815 as the Polk County Probate Clerk of Court line, alongside the general clerk line 515-561-5718. Confirm with the clerk that it is the right desk for a decedent's estate. |
| Referee in probate | In the Fifth Judicial District, the clerk of court in each county is appointed referee in probate unless a judge has appointed someone else, and a referee allowance may be taxed as an estate cost. |
| State court office | The Polk County clerk of the district court is a state judicial office, not a county department, which is why county government contact pages do not list the clerk's counter hours. |
Recent updates
| Update | What changed |
|---|---|
| Polk courthouse visitor rule | No drinking cups, mugs or bottles containing any metal are allowed in the Polk County courthouses, effective March 30, 2026. |
| Fifth Judicial District places order | The 2026 places-of-holding-court order keeps the courthouse in each county seat as the official place of holding court, and keeps Polk County juvenile, traffic, magistrate, small claims and mental health commitment work at the Justice Center rather than the courthouse. |
| Iowa affidavit route | The ceiling for the affidavit for distribution of property rose to $100,000 effective July 1, 2026, and the test now requires the decedent's probate assets to consist only of personal property, with no interest in real estate (Iowa Code 633.356). For a Polk County family, that means an estate with only qualifying personal property may avoid a court case, while a home or other real estate points away from that affidavit. |
Scenarios
| Scenario | Likely Polk County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with title to the Des Moines-area home. Joint tenancy property passes outside the estate and is excluded from the Iowa Code 633.31 cost base. If the home passes by survivorship and the remaining assets fit a no-court route, there may be little or nothing to file at 500 Mulberry Street. If a case is needed, it is filed with the Polk County clerk of the district court through EDMS under Iowa Ct. R. 16.302. | Sunset traces accounts, policies and debts before filing, so the spouse can separate probate assets from assets that pass outside the estate. |
| Out-of-state adult child with small estate | Much of the work can be done without a trip to Des Moines because EDMS filing is online under Iowa Ct. R. 16.302 and Iowa Courts Online provides the public docket. The key legal checks are whether there is any interest in real estate and whether a nonresident personal representative needs a court order to qualify. | Sunset builds the asset picture and assembles the packet remotely, so the child is not traveling to Des Moines just to learn what the estate contains. |
| Parent settling predeceased child's estate, home must be sold | A Polk County home means this is a court case, not the no-court affidavit route. The parent needs authority from the Iowa District Court for Polk County before selling estate real estate, and the case is filed with the clerk at 500 Mulberry Street. | Sunset helps identify liens, mortgages, accounts and debts before the sale is priced and before the report and inventory is filed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Polk County clerk of the district court | Takes Polk County probate filings, issues letters and answers procedural questions about the counter. Court employees cannot give legal advice, cannot tell you what case to file and cannot complete forms for you. | 515-561-5718; [email protected]; Room 212, Polk County Courthouse, 500 Mulberry Street, Des Moines |
| Iowa Legal Aid | Free civil legal help for income-eligible Iowans, subject to eligibility and case priorities. | 1-800-532-1275 |
| Legal Hotline for Older Iowans | Free civil legal help for Iowans age 60 or older. | 1-800-992-8161, weekdays from 9 a.m. to 4 p.m. |
| Iowa Free Legal Answers | A virtual clinic where an income-eligible Iowan can post a civil legal question for a volunteer Iowa attorney. | https://iowa.freelegalanswers.org |
| Iowa Find-A-Lawyer | Iowa State Bar Association lawyer directory searchable by practice area, county and city, with reduced-fee initial consultations from participating lawyers. | https://www.iowabar.org |
| Application to Defer Costs | A written request filed with the clerk if you cannot afford court costs. A judge decides whether costs can be postponed, and Iowa's interactive forms program has a guided interview for this request. | https://www.iowacourts.gov/for-the-public/representing-yourself/civil-court-fees/ |
| Fifth Judicial District ADA coordinator | Handles disability accommodation requests for Polk County court proceedings. | 515-561-5818; [email protected] |
When to hire an attorney
A Polk County probate lawyer is especially useful when the will is contested, an heir cannot be found, the estate may be insolvent, the decedent owned a business interest, Iowa farmland is involved, a Medicaid recovery claim appears, or a house must be sold before the estate can close. Counsel also matters because neither Polk County nor Iowa publishes a fill-in form set for settling a decedent's estate, so the petition, notices and report and inventory are drafted from statutory requirements. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, retirement accounts, insurance policies, real estate issues and debts before the Polk County estate settlement path is chosen.
Generate the probate packet. Sunset organizes the information needed for the petition, notice, report and inventory, and closing documents, so the family and attorney are working from one complete packet.
Find a local probate attorney. If the estate needs counsel, Sunset can connect the family with a vetted probate attorney who handles Polk County matters in the Iowa District Court for Polk County.
Sunset is free for families. Families can use Sunset to move the estate settlement forward without paying Sunset fees, and attorney help is optional based on the estate's needs.
Frequently asked questions
Where do I file probate in Polk County?
File with the Polk County clerk of the district court, Room 212 of the Polk County Courthouse at 500 Mulberry Street in Des Moines, in the Iowa District Court for Polk County. Filings are made electronically through EDMS under Iowa Ct. R. 16.302 unless the court has excused you from electronic filing.
Which Des Moines courthouse handles Polk County probate?
The Polk County Courthouse at 500 Mulberry Street handles probate. Polk County and the Iowa Judicial Branch also call this building the Historic Courthouse. The Justice Center at 222 Fifth Avenue and the Criminal Court Building at 110 6th Avenue handle other case types, not probate.
Do I have to e-file my Polk County probate case?
Yes, unless the court excuses you. EDMS applies to self-represented filers as well as attorneys under Iowa Ct. R. 16.302. Ask the clerk for the request form if you need an exception; a one-time paper filing can be authorised while the clerk's office is open, and a case-long exception for good cause requires a court order.
What does it cost to open a probate case in Polk County?
There is no flat Polk County probate filing figure. Iowa Code 633.31 uses a formula based on the probate assets in the report and inventory, plus statutory flat items. In the Fifth Judicial District, a referee-in-probate allowance may also be taxed and collected by the clerk as a cost of the estate. There is no added fee for e-filing, and a person who cannot afford costs can apply to defer them.
Does Polk County have its own probate forms?
No. Polk County does not publish a fill-in form packet, cover sheet or checklist for settling a decedent's estate. Iowa court form pages include a probate category and guardianship and conservatorship forms, but not a fill-in decedent-estate packet.
Is there a phone number for probate questions in Polk County?
Polk County publishes 515-561-5815 as the Polk County Probate Clerk of Court line, alongside the general clerk line at 515-561-5718. Because the published probate line appears in a guardianship and conservatorship context, confirm with the clerk that it is the right desk for a decedent's estate. Court staff can answer procedural questions but cannot give legal advice.
When does the Polk County clerk of court office open?
The clerk's counter hours are not posted online. Call 515-561-5718 before making a trip. This matters most for a filer who has been excused from electronic filing, because paper filings are handled at the clerk's counter while the office is open.
Will there be a hearing in Polk County, and can I attend it by video?
Most Iowa probate is handled on the papers filed with the clerk. A hearing happens if someone objects, if a contested matter arises or if the court orders one. Iowa proceedings are presumed in person, and remote appearance comes by motion decided case by case under Iowa Ct. R. 15.302, so ask the clerk how a Polk County judge handles it.
Can I look up a Polk County probate case online?
Yes. Iowa Courts Online provides free public docket search with no registration. It is an index of filings and proceedings, not the documents. Public documents are read on a public access terminal at the Polk County Courthouse.
Do I have to travel to Des Moines to settle a Polk County estate?
Often the filing work can be handled online through EDMS under Iowa Ct. R. 16.302, and the docket can be searched from anywhere. Reasons to go to Des Moines include a paper filing after an e-filing exception, reading public case documents on the courthouse terminal, or attending a hearing if the court sets one.
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.