Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

Where there is no will, administration shall be granted to any qualified person on the petition of: 1. The surviving spouse; 2. The heirs of the decedent; 3. Creditors of the decedent; 4. Other persons showing good grounds therefor. [C51, §1311, 1312; R60, §2343, 2344; C73, §2354…

1. To file such petition, there shall be allowed, commencing with the death of the decedent: a. To the surviving spouse, a period of twenty days. b. To each other class in succession, a period of ten days. 2. The period allowed each class shall be advanced to the period allowed t…

The petition for administration of an intestate estate shall contain the following: 1. The name, domicile and date of death of the decedent. 2. If the decedent was domiciled outside the state at the time of the decedent’s death, a statement that the decedent had property within t…

Any person aggrieved by any order made or entered by the clerk under the powers conferred in section 633.22, subsection 1 , may have the same reviewed in court upon motion filed within six months or before the hearing on the final report of the fiduciary, whichever is the earlier…

1. In intestate matters, the administrator, as soon as letters are issued, shall cause to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending, and at any time during the…

1. Upon opening administration of an intestate estate, the administrator shall, in accordance with section 633.410 , provide by electronic transmission on a form approved by the department of health and human services to the entity designated by the department of health and human…

When a married person domiciled in Iowa at the time of death dies, the surviving spouse shall have the right to take an elective share under the provisions of sections 633.237 through 633.246 . If the surviving spouse has a conservator, the court may authorize or direct the conse…

1. Following the appointment of a personal representative of the estate of the decedent, the personal representative shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5 , notifying the surviving spouse that unless, within f…

1. The elective share of the surviving spouse shall be limited to all of the following: a. One-third in value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage which have not been sold on execution or other judicial s…

The share of the surviving spouse in such real estate shall be set off in such manner as to include the homestead, or so much thereof as will be equal to the share allotted to the spouse pursuant to section 633.238 unless the spouse prefers a different arrangement, but no such di…

Upon the filing of such a motion, the clerk shall place the cause or proceeding on the docket without additional docket fee, and the matter shall stand for hearing or trial de novo in open court. [C97, §251; C24, 27, 31, 35, 39, § 11835; C46, 50, 54, 58, 62, §632.4; C66, 71, 73, …

In estates in which the surviving spouse has filed an election and in all intestate estates, whether an election is filed or not, the surviving spouse or the spouse’s conservator, if applicable, may, in lieu of the spouse’s share in the real property possessed by the decedent at …

If the surviving spouse does not make an election to receive the life estate in the homestead and file it with the clerk within four months from the date of service of notice under section 633.237 , it shall be conclusively presumed that the surviving spouse waives the right to m…

The right of the surviving spouse to take an elective share, and the right of the surviving spouse to receive a life estate in the homestead, are personal. They are not transferable and cannot be exercised for the spouse subsequent to the spouse’s death. If the surviving spouse d…

The filing of the elective share and the election to receive a life estate in the homestead shall be filed in the office of the clerk in which the decedent’s estate is being administered and served on the trustee of the revocable trust. The court where the election is filed shall…

In case an affidavit is filed that the surviving spouse is incapable of determining whether to take the elective share, or to elect to receive a life estate in the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter and cause …

The elections of the surviving spouse under section 633.236 , 633.240 , or 633.244 shall be entered on the proper records of the court. [C73, §2452; C97, §3376; S13, §3376; C24, 27, 31, 35, 39, § 12008; C46, 50, 54, 58, 62, §636.23; C66, 71, 73, 75, 77, 79, 81, §633.245 ] Referre…

1. An election by or on behalf of a surviving spouse to take the share provided in section 633.211 , 633.212 , 633.236 , 633.238 , 633.240 , or 633.244 shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the rescissi…

Unless precluded from doing so under the terms of a premarital agreement, the failure of a surviving spouse to make an election under this subchapter constitutes a transfer of assets for the purpose of determining eligibility for medical assistance pursuant to chapter 249A to the…

The share of the surviving spouse under section 633.236 may be set off by the mutual consent of all parties in interest, or by referees appointed by the court. An application to have the share set off by referees shall be made by an interested party in writing by filing with the …

In the absence of mutual consent of all interested parties to the appointment of referees, the court shall fix a time and place for hearing upon such application and of the fact that referees will be appointed if such application is granted, and shall prescribe the time and manne…

The referees may employ a licensed professional land surveyor, and may cause the shares in real estate to be set off by legally sufficient land descriptions. They shall make a report of their proceedings to the court as early as reasonably possible. [C51, §1399; R60, §2430; C73, …

Records, orders, and judgments made and entered by the clerk under section 633.22 , which have not been reversed, set aside, or modified by the court, shall stand, and shall be of the same force, validity, and effect, and be entitled to the same faith and credit, as if they had b…

The court may require a report by such a time as it deems reasonable. If the referees fail to obey this or any other of its orders, the court may discharge them and appoint others in their stead, and impose upon the first referees the payment of all costs previously made, unless …

The court may set the report for hearing and prescribe the notice to be given to interested parties. The court may confirm the report, or may set it aside and refer the matter to the same or other referees, at its discretion. [C51, §1401; R60, §2432; C73, §2448; C97, §3373; C24, …

An order confirming a report of the referee shall be binding and conclusive unless appealed within thirty days and the surviving spouse may bring an action to obtain possession of any assets set apart to the surviving spouse. Such elective share constitutes a judgment lien in fav…

Nothing in sections 633.247 through 633.252 shall prevent any person interested from controverting the right of the surviving spouse to the share thus set apart before confirmation of the report of the referees. [C51, §1403; R60, §2434; C73, §2450; C97, §3374; C24, 27, 31, 35, 39…

If it appears to the court, upon application of the personal representative, the surviving spouse, or the report of the referee, that the property, or any part of it, cannot be advantageously divided, the court may order the whole, or any part of such property, sold, and the shar…

In case the homestead is sold, the surviving spouse may use any or all of the spouse’s share to procure a homestead which shall be exempt from liability for all debts from which the former homestead would have been exempt. [C51, §1406; C73, §2451; C97, §3375; C24, 27, 31, 35, 39,…

No sale shall be made under section 633.254 if anyone interested gives security to the satisfaction of the court, conditioned to pay the surviving spouse the appraised value of the share with seven percent interest on the same, within such reasonable time as the court may fix, no…

If no such arrangement is made, the surviving spouse may keep the property by giving like security to pay the claims of all others interested upon like terms. [C51, §1405; C73, §2451; C97, §3375; C24, 27, 31, 35, 39, § 12004; C46, 50, 54, 58, 62, §636.19; C66, 71, 73, 75, 77, 79,…

Such sale under section 633.254 shall not be ordered so long as those in interest shall express a contrary desire and agree upon some mode of sharing and dividing the rents, profits, or use thereof, or shall consent that the court shall order the division of such rents, profits o…

A clerk of the district court or employee of the clerk shall not act as attorney for a fiduciary, or make or assist in making, drafting, or filling out any report of any fiduciary or any other report to be filed in the clerk’s office. [C97, §252; C24, 27, 31, 35, 39, § 11837; C46…

Subject to the rights of the surviving spouse to take an elective share as provided by section 633.236 , any person of full age and sound mind may dispose by will of all the person’s property, except an amount sufficient to pay the debts and charges against the person’s estate. […

When the interests of creditors will not thereby be prejudiced, a testator may prescribe the entire manner in which the testator’s estate shall be administered, and, also, the manner in which the testator’s affairs shall be conducted until the testator’s estate is finally settled…

Unless otherwise defined, “adjusted gross estate” in a will means the entire value of the gross estate as determined under the federal estate tax less the aggregate amount of the deductions allowed by sections 2053 and 2054 of the Internal Revenue Code as defined in section 422.3…

1. If a testator fails to provide in the testator’s will for any child of the testator born to or adopted by the testator after the execution of the testator’s last will, such child, whether born before or after the testator’s death, shall receive a share in the estate of the tes…

Where the testator’s spouse is named as a devisee in a will, it shall be presumed, unless the intent is clear and explicit to the contrary, and except as provided in section 633.272 , that such devise is in lieu of the intestate share and homestead rights of the surviving spouse.…

Any property acquired by the testator after the making of the testator’s will shall pass thereby, and in like manner as if title thereto were vested in the testator at the time of making the will, unless the intent is clear and explicit to the contrary. [C51, §1278; R60, §2310; C…

The clerk shall keep an electronic record to be known as the “Probate Docket”, which shall show: 1. The name of every deceased person whose estate is administered or whose will is admitted to probate, and the date of the person’s death. 2. The name of each person as to whom appli…

No will shall be construed to be contractual or mutual, unless in such will the testator shall expressly state the intent that such will shall be so construed. [C66, 71, 73, 75, 77, 79, 81, §633.270 ]

1. If after making a will the testator is divorced or the testator’s marriage is dissolved, all provisions in the will in favor of the testator’s spouse or of a relative of the testator’s spouse, including but not limited to dispositions, appointments of property, and nominations…

If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. If the testator left a surviving spouse, and the spouse does not take an elective share, the spouse shal…

1. If a devisee dies before the testator, leaving issue who survive the testator, the devisee’s issue who survive the testator shall inherit the property devised to the devisee per stirpes, unless from the terms of the will, the intent is clear and explicit to the contrary. 2. A …

Unless from the terms of the will the intent is clear and explicit to the contrary, and except as provided in section 633.273 : 1. A devise, other than a residuary devise, that fails for any reason becomes a part of the residuary estate. 2. If the residuary estate is devised to t…

The devise to a spouse of the testator, where the spouse does not survive the testator, shall lapse notwithstanding the provisions of section 633.273 , unless from the terms of the will, the intent is clear and explicit to the contrary. [C66, 71, 73, 75, 77, 79, 81, §633.274 ]