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

Nothing contained in this part shall prevent any interested person from filing objections to probate of a proposed will prior to admission of the will to probate. If such objections are filed prior to the admission of the will to probate, the will shall not be admitted to probate…

An action objecting to the probate of a proffered will, or to set aside a will, is triable in the probate court as an action at law, and the rules of civil procedure governing law actions, including demand for jury trial, shall be applicable thereto. [C97, §3283; C24, 27, 31, 35,…

In all actions to contest or set aside a will, all known interested parties who have not joined with the contestants as plaintiffs in the action, shall be joined with proponents as defendants. When additional interested parties become known, the court shall order them brought in …

Any person named as a defendant in an action to contest or set aside a will may, at time of appearance, or by leave of court at any time thereafter, elect to join with the contestants. [C66, 71, 73, 75, 77, 79, 81, §633.313 ]

The court shall tax the costs in an action to contest or set aside a will. No costs shall be taxed against a losing party who has been joined in the action but who does not appear. [C66, 71, 73, 75, 77, 79, 81, §633.314 ]

When any person is designated as executor in a will, or has been appointed as executor, and defends or prosecutes any proceedings in good faith and with just cause, whether successful or not, that person shall be allowed out of the estate necessary expenses and disbursements, inc…

If the ground of objection is that another will of the decedent has been discovered, each devisee named in such other will shall be joined in the action. [C66, 71, 73, 75, 77, 79, 81, §633.316 ]

If, after letters of administration have been granted, a will of the decedent is admitted to probate, such letters of administration are thereby revoked, and the person to whom such letters were issued shall promptly file a final report and make an accounting to the court. [C66, …

If, after a will has been admitted to probate, another instrument purporting to be the will of the decedent, which has not been previously presented for probate, is filed, the court shall determine whether or not the former grant of letters should be revoked pending determination…

If the lack of the due execution of a will constitutes a ground for objection, proof of such execution shall not be made by affidavit as provided in section 633.295 . [C66, 71, 73, 75, 77, 79, 81, §633.319 ]

1. On June 1 and December 1 of each year, the clerk shall notify the fiduciary and the fiduciary’s attorney of any delinquent inventories or reports due by law in any pending estate, trust, guardianship, or conservatorship, and that unless such delinquent inventory or report is f…

The executor or any person named as a beneficiary in a will may bring an action for a declaratory judgment to have such will declared to be the last will of the decedent. In such action, all known interested persons, including heirs of the decedent and persons named as beneficiar…

Actions to set aside or contest wills, for the involuntary appointment of guardians and conservators, and for the establishment of contested claims shall be triable in probate as law actions, and all other matters triable in probate shall be tried by the probate court as a procee…

The administration of the estate of a decedent from the filing of the petition for probate and admission or for administration until the order approving the final report and discharge of the last personal representative shall be considered as one proceeding for purposes of jurisd…

Probate of a will, original administration of an intestate estate, or ancillary administration of an estate, shall not be granted after five years from the death of the decedent, whether the decedent died within or without this state, unless a petition for probate or administrati…

When the decedent left a surviving spouse, all personal property which in the hands of the decedent as head of a family would be exempt from execution, which is bequeathed or set aside to the surviving spouse in accordance with the provisions of this chapter , shall be exempt in …

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…