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Union County, IA Probate Information
Quick facts
| Item | Union County information |
|---|---|
| Court | Iowa District Court for Union County |
| Filing office | Clerk of the district court, Union County Courthouse |
| Courthouse address | 300 North Pine Street, Suite 6, Creston, IA 50801 |
| Mailing address | Clerk of the district court, 300 North Pine Street, Suite 6, Creston, IA 50801. No separate post office box is published. |
| Phone | 641-782-7315 |
| Fax | 641-782-8241. Fax is not a filing channel. |
| [email protected]. Email is not a filing channel. | |
| Hours | 8:30 a.m. to 4:30 p.m., weekdays. Call before traveling if a holiday, weather closure or filing deadline matters. |
| Filing fee | Iowa probate costs are set by statute. The main decedent estate cost is 0.2% of the probate assets listed in the report and inventory under Iowa Code 633.31, plus statutory flat items when they apply. Ask the Creston clerk how costs will be collected in the case. |
| Local forms | No Union County probate form packet, cover sheet or checklist is published. |
| E-filing | EDMS is required statewide for attorneys and self-represented filers, with exceptions available under Iowa Ct. R. 16.302. |
| Case search | Iowa Courts Online, https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Public docket search is free and does not require registration. The docket is an index. 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 request to appear remote is made by motion and handled under Iowa Ct. R. 15.302. |
| Website | Union County government site: https://unioncountyiowa.gov. Iowa Judicial Branch: https://www.iowacourts.gov. |
Before you begin — know the assets and liabilities
Before you file anything in Union County, identify the assets, debts, title documents and possible beneficiaries. The right Iowa route depends on what exists, who owns it and whether real estate is involved, and the Creston clerk cannot choose the path for you.
Sunset helps families build the estate settlement picture first by searching across more than 2,300 financial institutions, organizing account information and turning what is found into a probate packet that fits the Union County filing counter.
Which court handles jurisdiction
Probate for Union County is filed with the clerk of the district court at the Union County Courthouse in Creston. The courthouse serves all of Union County, including Afton, Arispe, Creston, Cromwell, Lorimor, Shannon City and Thayer.
Under Iowa Code 633.12, the district court of each county handles 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, where the person died leaving property, or where the property is later brought. Union County is in Iowa's Fifth Judicial District, but a Union County case is filed in Creston.
The jurisdiction process
- Gather the death certificate, the original will if one exists, account information, real estate information and a list of known heirs, devisees and creditors. Anyone holding the will after learning of the death must deliver it to the court with jurisdiction under Iowa Code 633.285.
- Decide which Iowa route fits before filing in Creston. The Iowa Code 633.356 affidavit is not filed with the clerk and is used only for qualifying personal property. If a court case is needed, the filing is made with the clerk of the district court for Union County.
- Register for EDMS and e-file unless you have an exception under Iowa Ct. R. 16.302. If electronic filing is not realistic, ask the Creston clerk how to request a one-time paper exception or a case-long exception.
- Prepare the petition and supporting papers. Iowa does not publish a statewide probate form packet for decedent estates, and Union County does not publish a local probate packet, so the petition and notices must be prepared from the statutes or with legal help.
- Scan and e-file the will if there is one. For an original will, Iowa Ct. R. 16.411 lets the filer scan and e-file it, keep the original for the required period, and submit the paper original to the clerk for nonelectronic preservation after e-filing.
- After the court orders appointment in a chapter 633 estate, the clerk issues letters testamentary or letters of administration under Iowa Code 633. In a chapter 635 small estate, the clerk issues letters of appointment under Iowa Code 635.1. The fiduciary must also handle the oath and any bond if required.
- 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 and required interested persons under Iowa Code 633.230 or Iowa Code 633.304.
- File the report and inventory within 120 days after qualification unless the court allows more time, as updated in Iowa Code 633.361. The main probate court cost is then based on 0.2% of the probate assets listed in the report and inventory under Iowa Code 633.31.
- Track claims filed with the clerk. A claim is barred unless filed by the later of four months after the second publication or one month after notice is mailed to that creditor, with the Medicaid rule handled separately, under Iowa Code 633.410.
- Administer and close the estate. A chapter 635 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 Union County
Union County does not publish a local probate form packet, cover sheet or checklist. Iowa also does not publish a statewide probate form set for decedent estates, and the free interactive forms program does not cover probate.
Call the clerk of the district court in Creston at 641-782-7315 before filing to ask what the counter wants with your EDMS submission under Iowa Ct. R. 16.302. The clerk can receive filings and issue letters when the law allows, but the clerk cannot choose the probate route or draft the petition.
Local nuance
Union County-specific considerations
| Local point | What it means in Union County |
|---|---|
| One filing counter | The Union County probate filing counter is the clerk of the district court in Suite 6 of the Union County Courthouse in Creston. |
| Fifth Judicial District | Union County shares Iowa's Fifth Judicial District with other counties, including Polk and Adams. That does not move a Union County filing out of Creston. |
| Published clerk hours | The county's clerk of court department page gives clerk hours as 8:30 a.m. to 4:30 p.m., weekdays. |
| Holiday planning | Union County posts annual courthouse holiday closures. Check the county site or call the clerk before traveling near a holiday. |
| No local packet | No Union County probate packet, cover sheet or checklist is published, so self-represented filers should confirm filing logistics with the Creston clerk before submitting through EDMS under Iowa Ct. R. 16.302. |
Recent updates
| Change | Current rule |
|---|---|
| Affidavit route updated | The Iowa Code 633.356 affidavit ceiling is $100,000, effective July 1, 2026, and the probate assets must consist only of personal property with no interest in real estate. |
| Report and inventory deadline updated | The report and inventory deadline is 120 days after qualification under Iowa Code 633.361, effective July 1, 2026. |
| Iowa inheritance tax ended for new deaths | For a person who died on or after January 1, 2025, Iowa Code 450.98 provides that Iowa inheritance tax is not imposed. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Union 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 probate-asset cost base. If a court case is needed, it is filed through EDMS with the clerk of the district court in Creston under Iowa Ct. R. 16.302. | Sunset finds accounts, organizes title and asset information, and helps the spouse see the estate settlement picture before deciding whether a Union County filing is needed. |
| Out-of-state adult child with a small estate | If the Iowa Code 633.356 affidavit fits, it is presented to the holder of the property rather than filed with the Creston clerk. If real estate or a court case is involved, chapter 635 may be the local path, and a nonresident personal representative qualifies by court order under Iowa Code 633.64. | Sunset lets the child work from anywhere, identify accounts and debts, and prepare practical questions for the Creston clerk or an Iowa attorney. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit route is not used when real estate is part of the probate assets. The estate usually needs a Union County court case, letters from the clerk under Iowa Code 633 or Iowa Code 635.1, and attention to the Iowa Code 633.31 cost based on probate assets in the report and inventory. | Sunset organizes the asset list, generates a probate packet with the Creston filing details, and connects the family with a local probate attorney for the real estate sale. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Union County | Union County Courthouse, 300 North Pine Street, Suite 6, Creston, IA 50801. Phone 641-782-7315, fax 641-782-8241, email [email protected]. The clerk receives probate filings, issues letters when authorized and collects court costs. The clerk cannot give legal advice or complete a petition. |
| Iowa Legal Aid | Free civil legal help for low-income Iowans, subject to eligibility and case priorities. Statewide application line 1-800-532-1275. Iowans age 60 and older may call 1-800-992-8161. |
| Iowa Free Legal Answers | https://iowa.freelegalanswers.org. Income-eligible Iowans can post a civil legal question for a volunteer Iowa attorney to answer. It is not representation. |
| Iowa Find-A-Lawyer | https://www.iowabar.org. The Iowa State Bar Association directory can be searched by practice area, county and city, with a reduced fee for up to thirty minutes of initial consultation. |
| Application to Defer Costs | If court costs are unaffordable, file a written Application to Defer Costs with the Creston clerk. A judge decides whether to postpone costs, and Iowa offers a free interactive form interview for this request. |
| Iowa Courts Online | https://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame. Free public docket search with no registration. The docket is an index. Public documents are viewed at a courthouse terminal in the county where the case was filed. Technical help desk: 1-800-831-1396. |
When to hire an attorney
A lawyer is especially useful in Union County when real estate must be sold, heirs disagree, the will is missing or unclear, a fiduciary lives outside Iowa, or the family is unsure which Iowa route applies. Because Union County does not publish a local probate packet, Iowa's public forms library does not cover decedent estates, and EDMS filing is required under Iowa Ct. R. 16.302, many families use counsel to prepare the petition and notices correctly. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps identify bank accounts, investments, insurance leads and other assets that may affect the Union County estate settlement.
Generate the probate packet. Sunset turns the family intake into organized documents and filing information tailored to the clerk of the district court in Creston, including the local address, EDMS filing context under Iowa Ct. R. 16.302 and next questions for the clerk.
Find a local probate attorney. When the estate involves real estate, conflict, missing information or an out-of-state fiduciary, Sunset can connect the family with an Iowa probate attorney who understands Union County filings.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next steps and decide whether attorney help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in Union County?
File with the clerk of the district court at the Union County Courthouse, 300 North Pine Street, Suite 6, Creston, IA 50801. Union County is in Iowa's Fifth Judicial District, but a Union County probate case is filed in Creston.
Does Union County require e-filing for probate?
Yes. EDMS is required statewide for attorneys and self-represented filers under Iowa Ct. R. 16.302. If you cannot reasonably e-file, ask the Creston clerk how to request a one-time paper exception or a case-long exception.
What are the Union County clerk's probate hours?
The clerk of the district court's published hours are 8:30 a.m. to 4:30 p.m., weekdays. Call 641-782-7315 before traveling if a holiday closure, weather closure or filing deadline matters.
Does Union County publish probate forms?
No Union County probate form packet, cover sheet or checklist is published. Iowa also does not publish a statewide decedent estate probate packet, so self-represented filers must prepare the petition and notices from the statutes or with legal help.
How much does probate cost in Union County?
Union County does not set a separate probate filing price. Iowa law sets the cost structure. The main decedent estate court cost is 0.2% of the probate assets listed in the report and inventory under Iowa Code 633.31, plus statutory flat items when they apply.
Will I get a hearing date when I file in Creston?
Not automatically. Most Iowa probate matters are handled on the papers filed with the clerk. A hearing can happen if someone objects, if a contested matter arises, or if the court orders one. Ask the Creston clerk how scheduling works for the specific case.
Can I appear remote for a Union County probate hearing?
Iowa proceedings are presumed in person. A party who wants to appear remote must ask by motion, and the judge decides under Iowa Ct. R. 15.302. The Creston clerk can tell you how to submit the request in that case.
Can I look up a Union County probate case online?
Yes. Iowa Courts Online provides 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 cannot find the original will?
Start by checking safe storage, the decedent's attorney, financial records and family papers. If someone has the will after learning of the death, Iowa Code 633.285 requires delivery to the court with jurisdiction. If the original cannot be found, speak with an Iowa probate attorney before filing.
Do I have to travel to Creston to start probate?
Usually the filing is made through EDMS under Iowa Ct. R. 16.302, so an initial trip may not be needed. If a hearing is set, in-person attendance is presumed unless the judge grants a remote appearance request 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.