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

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…

1. Bond to prevent sale. Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose, by giving bond to the satisfaction of the court, conditioned that the person will…

No proceedings for sale, mortgage, pledge, lease, exchange or conveyance by a personal representative of property belonging to the estate shall be subject to collateral attack on account of any irregularity in the proceedings which is not such as to deprive the court of jurisdict…

The order shall describe the property to be sold, mortgaged, pledged, exchanged or leased, and may designate the sequence in which the several parcels shall be sold, mortgaged, pledged, exchanged or leased. An order for sale may direct whether the property shall be sold at privat…

In all sales of property at public auction, the personal representative shall give such notice, in such form and manner, and to such persons or parties, as the court may prescribe. If no provision for notice is made by the court, the notice shall be published once each week for t…

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, §…