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

1. When the guardian appointed for a person is not the conservator of the property of that person, no bond shall be required of the guardian, unless the court for good cause finds it proper to require one. If no bond is initially required, the court may, nevertheless, for good ca…

1. The court, for good cause shown, may exempt any fiduciary from giving bond, if the court finds that the interests of creditors and distributees will not thereby be prejudiced. 2. However, the court, except as provided in section 633.172, subsection 2 , shall not exempt a conse…

Personal property of the estate may be deposited with a bank or trust company located in the state of Iowa upon such terms as may be prescribed by order of the court. The amount of the bond of the fiduciary may be then reduced as the court may determine. [C51, §1276, 1316, 1317; …

The court may permit the fiduciary to deposit cash or other prescribed securities of the fiduciary’s own in lieu of bond. [C51, §1276, 1316, 1317; R60, §2308, 2348, 2349; C73, §2321, 2350, 2362, 2363; C97, §3267, 3268, 3293, 3301; S13, §3268; C24, 27, 31, 35, 39, § 11828, 11838, …

Upon the filing of an oath of office or certification and a bond, if any is required, the clerk shall issue letters under the seal of the court, giving the fiduciary the powers authorized by law. [C51, §1319; R60, §2351; C73, §2365; C97, §3303; C24, 27, 31, 35, 39, § 11889; C46, …

At the time the inventory of the estate is filed, the clerk shall review the amount of bond, and report to the court as to any apparent insufficiency thereof. [C66, 71, 73, 75, 77, 79, 81, §633.179 ]

1. Actions and proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201 . 2. The judicial officers of a judicial district, excluding the magistrates, acting under section 602.1213 may prescribe rules for probate actions and procee…

The court may at any time require a new bond, or increase or decrease the amount of the penalty of the bond of any fiduciary, when good cause therefor appears. [C51, §1510; R60, §2562; C73, §2247; C97, §3198; C24, 27, §12604; C31, 35, §12604, 12644-c9; C39, § 12604, 12644.09; C46…

The bond of the fiduciary shall run to the use of all persons interested in the estate, and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the fiduciary, and with each other. [C66, 71, 73, 75, 77, 79, 81, §633.181 ]

Qualifications for sureties on probate bonds shall be the same as those provided by section 636.4 or section 636.14 , provided, however, that no attorney shall act as surety on any such bond. [C66, 71, 73, 75, 77, 79, 81, §633.182 ]

It shall be lawful for the fiduciary to agree with the fiduciary’s surety for the deposit of any or all moneys and other property of the estate with a bank, safe deposit or trust company, authorized by law to do business as such, or other depository approved by the court, if such…

1. Release for cause. For good cause, the court may, before the estate is fully administered, order the release of the sureties of the fiduciary and require the fiduciary to furnish a new bond. 2. Extent of liability of original and new sureties. The original sureties shall be li…

If, at any time, a fiduciary becomes insolvent after qualifying as such fiduciary, and after the maturity of a debt owing by such fiduciary to the estate, then the fiduciary and the sureties on the bond shall be liable to the estate for the indebtedness owing by the fiduciary to …

1. Execution of bond deemed as appearance. The execution and filing of the bond by a fiduciary, any other provisions of law notwithstanding, shall be deemed an appearance by the surety in the proceeding for the administration of the estate including all hearings with respect to t…

No proceedings upon the bond of a fiduciary shall be brought subsequent to two years after the discharge of the fiduciary or six months after the discovery of fraud, whichever is later. [C66, 71, 73, 75, 77, 79, 81, §633.187 ]

Any process or authority emanating from the court in probate matters may for good cause be revoked and a new one issued. [C51, §1275; R60, §2307; C73, §2320; C97, §3266; C24, 27, 31, 35, 39, § 11827; C46, 50, 54, 58, 62, §631.9; C66, 71, 73, 75, 77, 79, 81, §633.19 ]

1. Personal representatives shall be allowed such reasonable fees as may be determined by the court for services rendered, but not in excess of the following commissions upon the gross assets of the estate listed in the probate inventory, which shall be received as full compensat…

There shall also be allowed and taxed as part of the costs of administration of estates as an attorney fee for the personal representative’s attorney, such reasonable fee as may be determined by the court, for services rendered, but not in excess of the schedule of fees provided …

Such further allowances as are just and reasonable may be made by the court to personal representatives and their attorneys for actual necessary and extraordinary expenses and services. Necessary and extraordinary services shall be construed to include but not be limited to servi…

1. Effective date. This probate code shall take effect and be in force on and after January 1, 1964. The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this probate code. It shall also govern further procedure in proceeding…

1. The chief judge of the judicial district may appoint a referee in probate for the auditing of the accounts of fiduciaries and for the performance of other ministerial duties the chief judge prescribes. A person shall not be appointed as referee in a matter where the person is …

The court shall allow and fix from time to time the compensation for fiduciaries, other than personal representatives, and their attorneys for such services as they shall render as shown by an itemized claim or report made and filed setting forth what such services consist of dur…

Judges, clerks, and deputy clerks serving as fiduciaries shall not be allowed any compensation for services as such fiduciaries. A judge, clerk, or deputy clerk serving as a fiduciary may be compensated for fiduciary services if the services are for a family member’s estate, trus…

In no case shall the compensation of fiduciaries and their attorneys be allowed or paid until there shall have been filed with the clerk of the district court in which administration of the estate is pending an affidavit of the fiduciary, or attorney, as the case may be, stating …

In any case where a corporation is acting as a fiduciary under and by virtue of the provisions of chapter 524, subchapter X , the affidavit required by section 633.202 shall be executed and made by an officer of such corporation. [C31, 35, §12065-d3; C39, § 12065.3; C46, 50, 54, …

When a fiduciary dies, all fees to which the fiduciary’s personal representative and the fiduciary’s attorney are entitled shall be a charge against the estate assets until paid. [C66, 71, 73, 75, 77, 79, 81, §633.204 ]

The chief judge of a judicial district may appoint a part-time associate probate judge and may remove the part-time associate probate judge for cause following a hearing. The part-time associate probate judge shall be an attorney admitted to practice law in this state and shall b…

1. Full-time associate probate judges shall be appointed by the governor from persons nominated by the district judicial nominating commission in the same manner as district judges under chapter 46 . 2. A full-time associate probate judge who seeks to resign from the office of fu…

1. Full-time associate probate judges shall serve terms and shall stand for retention in office within the judicial election districts of their appointment as provided under sections 46.16 through 46.24 . 2. A person does not qualify for appointment to the office of full-time ass…

1. An associate probate judge shall have the same jurisdiction to conduct probate court proceedings, to issue no-contact or protective orders, injunctions, contempt orders for adults in probate court proceedings, and to issue orders, findings, and decisions as the judge of the pr…

The district judges of each judicial district shall by rule fix the fees of probate referees, and also provide, insofar as practicable, a uniform schedule of compensation for tax appraisers, other appraisers, brokers, and agents employed at estate expense. [C66, 71, 73, 75, 77, 7…

The estate of a person dying intestate shall descend as provided in sections 633.211 through 633.226 . [C51, §1390; R60, §2422; C73, §2436; C97, §3362; C24, 27, 31, 35, 39, § 11986; C46, 50, 54, 58, 62, §636.1; C66, 71, 73, 75, 77, 79, 81, §633.210 ] 2021 Acts, ch 80, §362 Referr…

If the decedent dies intestate leaving a surviving spouse and leaving no issue or leaving issue all of whom are the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. All the value of all the legal or equitable estates in real property posse…

If the decedent dies intestate leaving a surviving spouse and leaving issue some of whom are not the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. One-half in value of all the legal or equitable estates in real property possessed by the…

Prior to the settlement of every intestate estate in which there is a surviving spouse, and in which appraisal has not been waived by the surviving spouse and all the heirs of the decedent, the court, upon application of the personal representative, the surviving spouse, or any o…

At the time it appoints the appraisers provided for by section 633.213 the court shall prescribe the kind of notice and the method of service thereof, whether by publication or otherwise. [C24, 27, 31, 35, 39, § 12019; C46, 50, 54, 58, 62, §636.34; C66, 71, 73, 75, 77, 79, 81, §6…

Such notice shall designate the names of the appraisers, the time and place of the appraisement, and the date on which the appraisers shall file with the clerk the report of their appraisement, directed to all persons interested in such appraisement. [C24, 27, 31, 35, 39, § 12020…

All persons interested in such report and having objections to it and the appraisement, shall file their objections within ten days after the date fixed in said notice for the filing of the report of such appraisement. [C24, 27, 31, 35, 39, § 12021; C46, 50, 54, 58, 62, §636.36; …

Such objections, if any, shall be tried to the court as in equity, and the court shall enter a final order in the matter. [C24, 27, 31, 35, 39, § 12022; C46, 50, 54, 58, 62, §636.37; C66, 71, 73, 75, 77, 79, 81, §633.217 ] Referred to in §633.210

After such proceedings, and after payment of debts and charges, the surviving spouse shall have the right to select from the property so appraised, at its appraised value thus fixed, property equal in value to the amount to which the spouse is entitled under section 633.211 or 63…

The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows: 1. To the issue of the decedent per stirpes. 2. If there is no surviving issue, to the parents of the decedent equally; and if either…

The clerk shall have and may exercise within the county all the powers and jurisdiction of the court and of the judge thereof, in the following matters: 1. The examination and approval of all intermediate and interlocutory accounts and reports of fiduciaries under this chapter an…

Heirs of an intestate, conceived before but born after the intestate’s death, shall inherit as if they had been born in the lifetime of the intestate and had survived the intestate. With this exception, the intestate succession shall be determined by the relationships existing at…

1. For the purposes of rules relating to intestate succession, a child of an intestate conceived and born after the intestate’s death or born as the result of the implantation of an embryo after the death of the intestate is deemed a child of the intestate as if the child had bee…

Unless the child has been adopted, a biological child shall inherit from the child’s biological mother, and she from the child. [C51, §1415; R60, §2441; C73, §2465; C97, §3384; C24, 27, 31, 35, 39, § 12030; C46, 50, 54, 58, 62, §636.45; C66, 71, 73, 75, 77, 79, 81, §633.221 ] 94 …

Unless the child has been adopted, a biological child inherits from the child’s biological father if the evidence proving paternity is available during the father’s lifetime, or if the child has been recognized by the father as his child; but the recognition must have been genera…