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

The avails of any life or accident insurance, or other sum of money made payable to the decedent’s estate by any mutual aid or benevolent society upon the death or disability of a member thereof, are not subject to the debts of the decedent, except by contract or by express provi…

The words “heirs” and “legal heirs” , and other equivalent words used to designate the beneficiaries in any life insurance policy or certificate of membership in any mutual aid or benevolent association, where no contrary intention is expressed in such instrument, shall be constr…

The share of a survivor in the proceeds of a policy or certificate made payable as provided in sections 633.333 and 633.334 shall be the same as that provided by law for the distribution of the personal property of intestates. [C97, §3313; C24, 27, 31, 35, 39, § 11922; C46, 50, 5…

When a wrongful act produces death, damages recovered as a result of the wrongful act shall be disposed of as personal property belonging to the estate of the deceased; however, if the damages include damages for loss of services and support of a deceased spouse, parent, or child…

All actions triable in probate shall be governed by the rules of civil procedure, except as provided otherwise in this probate code. [C66, 71, 73, 75, 77, 79, 81, §633.34 ] 2005 Acts, ch 38, §51

1. When, from any cause, probate of a will or administration cannot be immediately granted, a temporary administrator may be appointed to collect, manage, preserve and dispose of the property of the deceased, as the court may prescribe, and no appeal from such appointment shall p…

At any time during the administration of an estate, the court, for good cause shown, may appoint a temporary administrator to carry out such orders of the court as may be necessary for the proper administration of such estate. No appeal from such appointment shall prevent the tem…

Notwithstanding the provisions of chapter 633A, subchapter IV, part 3 , of this chapter , any personal representative may continue to hold any investment or property originally received by the personal representative and also any increase thereof. [C66, 71, 73, 75, 77, 79, 81, §6…

When a person by will makes such a disposition of the person’s property as to prejudice the rights of creditors, the will may be sustained, by giving security to the satisfaction of the court for the payment of the debts and charges to the extent of the value of the property devi…

All petitions, reports, and applications for orders in probate must be in writing, verified, acknowledged or certified, and self-explanatory. If the petition, report, or application is certified, substantially the following language shall be used: I certify under penalty of perju…

Except as otherwise provided in this probate code, when a person dies, the title to the person’s property, real and personal, passes to the person to whom it is devised by the person’s last will, or, in the absence of such disposition, to the persons who succeed to the estate as …

During the period of administration, the personal representative shall take possession of the decedent’s real estate, except the homestead and other property exempt to the surviving spouse. Every personal representative shall take possession of all the personal property of the de…

Unless otherwise provided by the will, the provisions of chapter 637 that conflict with this subchapter VII, part 3 , shall not apply to the allocation and distribution of estate income. [C73, §2403 – 2405; C97, §3334, 3335; C24, 27, 31, 35, 39, § 11953, 11954; C46, 50, 54, 58, 6…

Upon application by the personal representative, and after such notice, if any, as the court may prescribe, for good cause shown, the court may enter an order authorizing said personal representative to surrender any of such property to the person or persons who, under the will o…

Upon application of any interested person and after such notice to the personal representative and to such other persons, if any, as the court may prescribe, and for good cause shown, the court may enter an order authorizing said personal representative to surrender any of such p…

Unless the court, for cause shown, determines that the possession of the personal representative shall continue for a longer period, the personal representative shall deliver all specifically devised property to the devisees entitled thereto after the expiration of twelve months …

1. When the gross value of the decedent’s personal property that would otherwise be distributed by will or intestate succession is or has been, at any time since the decedent’s death, fifty thousand dollars or less and there is no real property, or for deaths occurring before Jan…

1. As used in this section , unless the context otherwise requires: a. “Custodial independent retirement account” means an individual retirement account in accordance with section 408(a) of the Internal Revenue Code or a Roth individual retirement account in accordance with secti…

1. For the purposes of this section , “beneficiary designation” means the provision in an instrument designating a beneficiary, other than in a will or an instrument creating a trust, and may also mean the instrument itself, including but not limited to any of the following: a. A…

All orders and decrees of the court sitting in probate are final decrees as to the parties having notice and those who have appeared without notice. [C66, 71, 73, 75, 77, 79, 81, §633.36 ]

Within ninety days after qualification by the personal representative, unless a longer time is granted by the court, the personal representative shall file with the clerk a report and inventory of the property of the decedent, so far as the same has come to the knowledge of the p…

Such inventory must be filed in all cases, notwithstanding the provisions of any will or the action of any heirs or devisees waiving the filing thereof, and no administration shall be closed until the same has been filed. [C97, §3310; C24, 27, 31, 35, 39, § 11915; C46, 50, 54, 58…

The failure of the personal representative promptly to make said inventory and report shall be forthwith reported by the clerk to the court for such order as may be necessary to enforce the making and filing of the same. [C27, 31, 35, §11913-b1; C39, § 11913.1; C46, 50, 54, 58, 6…

Whenever any additional information or property not mentioned in the inventory comes to the knowledge of a personal representative, the personal representative shall make a supplementary inventory thereof, such supplementary inventory to be filed within thirty days after such dis…

Property belonging to the estate need not be appraised unless required for inheritance tax purposes for deaths occurring before January 1, 2025, under the provisions of this probate code, or by order of court. [C51, §1331, 1332; R60, §2363, 2364; C73, §2373, 2374, 2378; C97, §331…

The naming of any person as executor in a will shall not operate as a discharge or bequest of any right of action owned by the testator against such persons, if it is a right that otherwise survives against such person. Every such right of action shall be included among the asset…

Inventories and appraisements may be given in evidence in all proceedings, but shall not be conclusive, and other evidence may be introduced to vary the effect thereof. [C66, 71, 73, 75, 77, 79, 81, §633.367 ]

The property liable for the payment of debts and charges against a decedent’s estate shall include all property transferred by the decedent with intent to defraud the decedent’s creditors or any of them, or transferred by any other means which is in law void or voidable as agains…

All orders entered without notice or appearance are reviewable by the court at any time prior to the entry of the order approving the final report. [C66, 71, 73, 75, 77, 79, 81, §633.37 ]

1. The personal representative of the estate shall mail to the surviving spouse pursuant to section 633.40, subsection 5 , a written notice regarding the right to request a spousal allowance. The notice shall inform the surviving spouse of the surviving spouse’s right to submit a…

The court may, upon the petition of any interested person, and after hearing pursuant to notice to all interested parties, review the allowance and increase or decrease the amount and make such other orders as it may deem proper. [C51, §1338; R60, §2370; C73, §2375, 2377; C97, §3…

1. The court may also make an allowance under the same terms and conditions as provided in section 633.374 of an amount the court deems reasonable in light of the assets and condition of the estate, to provide for proper support during the period of twelve months following the de…

The court may, upon the petition of any interested person, and after hearing pursuant to notice to all interested parties, review the allowance made to the minor children who do not reside with the surviving spouse and may increase or decrease the amount and make such other order…

Except as otherwise provided in this probate code, the hearing of any matter requiring notice shall be had at such time and place as the court may fix. [C73, §2313; C97, §3261; C24, 27, 31, 35, 39, § 11820; C46, 50, 54, 58, 62, §631.2; C66, 71, 73, 75, 77, 79, 81, §633.38 ] 2005 …

When power to sell, mortgage, lease, pledge or exchange property of the estate has been given to any personal representative under the terms of any will, the statutory requirements with reference to procedure for such purposes shall not apply. [C51, §1297; R60, §2329; C73, §2353;…

A testamentary direction to sell real property, and the exercise of a testamentary power of sale of real property, shall constitute an equitable conversion of real estate into personal property, but shall not affect distribution of the estate under the provisions of the will. [C5…

1. When realty treated as personalty. Real property acquired by the personal representative by the completion of foreclosure proceedings, or by the forfeiture of real estate contracts, after the death of the decedent shall be deemed to be personal property for the purpose of admi…

1. Any real or personal property belonging to the decedent, except exempt personal property and the homestead, may be sold, mortgaged, pledged, leased or exchanged by the personal representative for any of the following purposes: a. The payment of debts and charges against the es…

Personal property of a perishable nature and personal property for which there is a regularly established market may be sold by the personal representative without order of court. [C51, §1341; R60, §2373; C73, §2386; C97, §3322; C24, 27, 31, 35, 39, § 11932; C46, 50, 54, 58, 62, …

A petition to sell, mortgage, exchange, pledge or lease any real or personal property shall set forth the reasons for the application and describe the property involved. It may apply for different authority as to separate parts of the property; or it may apply in the alternative …

Upon the filing of the petition, unless notice is waived in writing or unless all interested persons are also personal representatives and have signed the petition, notice in accordance with section 633.40 , shall be served on all persons interested in the property, provided that…

In cases where no objection, resistance or appearance has been filed, or by agreement, such hearing may be had at any place within the judicial district. [C97, §3261; C24, 27, 31, 35, 39, § 11821; C46, 50, 54, 58, 62, §631.3; C66, 71, 73, 75, 77, 79, 81, §633.39 ]

When a claim is secured by a mortgage on property, the court may, with the consent of the mortgagee, order the sale of the property subject to the mortgage, and such consent shall release the estate should a deficiency later appear. [C66, 71, 73, 75, 77, 79, 81, §633.390 ]

A petition to determine questions of conflicting and controverted title, or to remove clouds from any title or interest of property involved, may be combined with the petition provided in section 633.388 . [C66, 71, 73, 75, 77, 79, 81, §633.391 ]

In all sales of property, the court may authorize credit to be given by the personal representative on such terms as the court may prescribe. Credit for more than twelve months shall be extended only after hearing pursuant to notice to interested parties. [C51, §1347, 1348, 1350;…

At any sale of real or personal property upon which there is a mortgage, pledge, or other lien, the holder of such lien may become the purchaser, and may apply the amount of the lien on the purchase price in the following manner. If no claim thereon has been filed or allowed, the…