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

The personal representative may adjourn any sale from time to time when, in the personal representative’s discretion, it is deemed for the best interests of the estate to do so, but no adjournment shall be to a time more than three months from the date first fixed for the sale. E…

After making any such sale, mortgage, exchange or lease of real property, the personal representative shall make a verified report thereof to the court. The court shall examine said report, and if satisfied that the sale, mortgage, exchange, or lease has been at a price and upon …

1. Court prescribing notice. Except as otherwise provided in this probate code, the court shall fix the time and place of hearing of any matter requiring notice and shall prescribe a time for the hearing not less than twenty days after the date the notice is served unless the cou…

The report of any private sale, mortgage, exchange, or lease of real property, as provided in section 633.399 , may be joined with the petition provided in section 633.388 . [C66, 71, 73, 75, 77, 79, 81, §633.400 ]

When real property so conveyed or encumbered is located in a county other than that in which such proceedings are had, a complete transcript of the record of all proceedings relating thereto shall be filed by the personal representative in the office of the clerk in such county. …

For purposes of this part , sale of property includes but is not limited to the granting of an easement, the granting of an option, the granting of a right of refusal, and the granting or conveyance of any other interest, title, or right regarding property. [ 81 Acts, ch 193, §3 …

Whenever in the course of the administration of any estate, it shall appear that any subject, citizen, or national of a foreign country is interested as an heir, devisee, legatee, or otherwise, and the address of such person is unknown to the personal representative, the personal…

1. All claims against a decedent’s estate, other than charges, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, are forever barred against the estate, the personal representative, and the distributees of the estat…

It shall be within the discretion of the personal representative to determine whether or not the applicable statute of limitations shall be pleaded to bar a claim which the personal representative believes to be just, provided, however, that this section shall not apply where the…

A claim shall not be barred by the statute of limitations if the claim was not barred at the time of the decedent’s death and is filed against the decedent’s estate within four months from the date of the decedent’s death. [C51, §1373; R60, §2405; C73, §2421; C97, §3349; C24, 27,…

All claims barrable under the provisions of section 633.410 shall, in any event, be barred if administration of the estate, whether testate or intestate, original or ancillary is not commenced within five years after the death of the decedent. [C51, §1325, 1356; R60, §2357, 2388;…

Nothing in sections 633.410 , 633.412 , and 633.413 shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien upon property of the estate. [C66, 71, 73, 75, 77, 79, 81, §633.414 ]

1. Any action pending against the decedent at the time of the decedent’s death that survives, shall also be considered a claim filed against the estate if notice of substitution is served upon the personal representative as defendant within the time provided for filing claims in …

In an action commenced by or against the fiduciary under the provisions of section 633.415 , or in any action pending by or against the decedent that survives under the provisions of section 633.415 , the rules of civil procedure as to compulsory counterclaims shall apply in such…

The provisions of sections 633.438 through 633.448 are not applicable to actions continued or commenced under section 633.415 . [C66, 71, 73, 75, 77, 79, 81, §633.417 ] 2019 Acts, ch 59, §215

No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, filed with the clerk, stating the claimant’s name and address and, if available, telephone number and electronic mail address, describing the nature and the amount thereof, i…

If a claim is founded on a written instrument, the original or a copy thereof with all endorsements must be attached to the claim. The original instrument must be exhibited to the personal representative or court, upon demand, unless it is lost or destroyed, in which case its los…

1. At any time after the issuance of letters of appointment, any interested person in the proceeding may file with the clerk a written request for notice of the time and place of all hearings in such proceeding for which notice is required by law, by rule of court, or by an order…

All claims filed against the estate shall be entitled in the name of the claimant against the personal representative as such, naming the estate, and in all further proceedings thereon that title shall be preserved. [C73, §2409; C97, §3339; C24, 27, 31, 35, 39, § 11960; C46, 50, …

Upon proof of an unsecured claim which will become due at some future time, the same may be paid if the claimant will consent to such discount as the court thinks reasonable; otherwise, the court shall direct the investment of an amount which will provide for the payment of the c…

When a creditor holds any security for a claim not yet due, the creditor may file the claim as a claim not yet due with the right of withdrawing the claim if the compromise offer is not satisfactory, and, after such withdrawal, rely entirely on the creditor’s security, or the cre…

When a creditor holds any security for the creditor’s claim, the security shall be described in the claim. If the claim is secured by a mortgage, pledge or other lien which has been recorded, it shall be sufficient to describe the lien by date, and refer to the volume, page and p…

Contingent claims which cannot be allowed as absolute debts shall, nevertheless, be filed in the court and proved. If allowed as a contingent claim, the order of allowance shall state the nature of the contingency. If such claim shall become absolute before distribution of the es…

In any estate in which the assets are, or appear to be, insufficient to pay in full all debts and charges of the estate, the personal representative shall classify the debts and charges as follows: 1. Court costs. 2. Other costs of administration. 3. Reasonable funeral and burial…

Payment of debts and charges of the estate shall be made in the order provided in section 633.425 , without preference of any claim over another of the same class. If the assets of the estate are insufficient to pay in full all of the claims of a class, then such claims shall be …

If a contingent claim has been filed and allowed against an estate and all the assets of the estate have been distributed, and the claim becomes absolute, the creditor has the right to recover on the claim against those distributees whose distributive shares have been increased b…

Where a claim has been filed and is admitted in writing by the personal representative, it shall stand allowed in the absence of fraud or collusion. [C73, §2410; C97, §3340; S13, §3340; C24, 27, 31, 35, 39, § 11961; C46, 50, 54, 58, 62, §635.57; C66, 71, 73, 75, 77, 79, 81, §633.…

No claimant shall be entitled to compel payment unless the claimant’s claim has been duly filed and allowed. [C66, 71, 73, 75, 77, 79, 81, §633.429 ]

In any matter pending in the probate court, the attorney general may request notice of all hearings therein as provided by section 633.42 , and may, with the approval of the court, intervene in behalf of the public interest. The court, on its own motion, in any such matter involv…

No execution shall issue upon, nor shall any levy be made against, any property of the estate under any judgment against a decedent or a personal representative, but the provisions of this section shall not be construed to prevent the enforcement of mortgages. [C51, §1368; R60, §…

If the personal representative is a creditor of the decedent, the personal representative shall file the claim as other creditors, and the court shall appoint some competent person as temporary administrator to represent the estate in the matter of allowing or disallowing such cl…

1. A temporary administrator appointed pursuant to section 633.431 shall, upon investigation, file a report with the court recommending the allowance or disallowance of a claim filed pursuant to section 633.431 . The recommendation may, but need not, include information on the su…

As soon as the personal representative is possessed of sufficient means over and above the other costs of administration, the personal representative shall pay any allowance made by the court for the surviving spouse and children of the decedent, and may pay the expenses of funer…

1. The personal representative shall, as soon as practicable following appointment, make reasonably diligent efforts to ascertain the names and addresses of all persons believed to own or possess claims against a decedent’s estate. 2. Upon the expiration of the later to occur of …

The personal representative may pay any valid debts and charges against the estate even though no claim for such debts and charges has been filed, but all such payments made by the personal representative shall be at the personal representative’s own peril. [C66, 71, 73, 75, 77, …

1. Except as provided in sections 633.211 and 633.212 , shares of the distributees shall abate, for the payment of debts and charges, federal estate taxes, legacies, the shares of children born or adopted after the making of a will, or the share of the surviving spouse who elects…

1. When provisions of the will, trust or other testamentary instrument of the decedent provide explicitly for an order of abatement contrary to the provisions of section 633.436 , the provisions of the will or other testamentary instrument shall determine the order of abatement. …

Where a claim has been filed, but not admitted in writing by the personal representative before a request for hearing has been given as hereinafter provided, the claim shall be considered as generally denied by the personal representative without any pleading on behalf of the per…

At any time after the filing of a claim against an estate, the personal representative may give the claimant and the claimant’s attorney of record, if any, written notice of disallowance of claim. The notice shall be given by certified mail addressed to the claimant at the addres…

Any notice required under this probate code, or by order of court, may be waived in writing by the person, or the fiduciary, entitled to receive such notice. [C66, 71, 73, 75, 77, 79, 81, §633.44 ] 2005 Acts, ch 38, §51

A notice of disallowance under section 633.439 shall advise the claimant that the claim has been disallowed and will be forever barred unless the claimant shall within twenty days after the date of mailing the notice, file a request for hearing on the claim with the clerk. [C66, …

Proof of service of the notice of disallowance shall be made by affidavit, shall show the date and place of mailing, and shall be filed with the clerk. [C66, 71, 73, 75, 77, 79, 81, §633.441 ] Referred to in §633.417 , 633.432 , 633.666

Unless the claimant shall within twenty days after the date of mailing the notice of disallowance, file a request for hearing with the clerk, the claim shall be deemed disallowed, and shall be forever barred. [C66, 71, 73, 75, 77, 79, 81, §633.442 ] 2021 Acts, ch 23, §3 Referred …

At the time of the filing of a claim against an estate, or at any time thereafter prior to the time that the claim may be barred by the provisions of section 633.442 , or the approval of the final report of the personal representative after notice to the claimant, the claimant ma…

The personal representative shall file a pre-answer motion or answer to a claim within twenty days from the filing of the request for hearing on the claim in the same manner as though the claim were a petition filed in an ordinary action, and thereafter, all provisions of law and…

At the time of the filing of an answer to a claim, the personal representative shall plead all offsets against the claim, and shall plead all counterclaims against the claimant of which the personal representative has knowledge. An offset or counterclaim may or may not diminish o…