reglab/housing_qa huggingface dataset:
IA Code § 633.427 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.427 - Payment of contingent claims by distributees — contribution.

633.427 Payment of contingent claims by distributees — contribution.   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 because the amount of the claim as finally determined was not paid prior to final distribution, if an action for recovery is commenced within four months after the claim becomes absolute. Such distributees are jointly and severally liable, but a distributee is not liable for an amount exceeding the amount of the estate or fund so distributed to that distributee. If more than one distributee is liable to the creditor, the creditor shall make parties to the action all such distributees who can be reached by process. By its judgment, the court shall determine the amount of the liability of each of the distributees as between themselves, but if any distributee is insolvent or unable to pay that distributee’s proportion, or is beyond the reach of process, the others, to the extent of their respective liabilities, are nevertheless liable to the creditor for the whole amount of the creditor’s debt. If any person liable for the debt fails to pay that person’s just proportion to the creditors, the person is liable to indemnify all who, by reason of the failure, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.  [C66, 71, 73, 75, 77, 79, 81, §633.427]  84 Acts, ch 1080, §11
IA Code § 633.428 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.428 - Allowance by personal representative.

633.428 Allowance by personal representative.   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, §633.428]
IA Code § 633.429 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.429 - Compelling payment of claims.

633.429 Compelling payment of claims.   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]
IA Code § 633.430 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.430 - Execution and levies prohibited.

633.430 Execution and levies prohibited.   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, §2400; C73, §2416; C97, §3345; C24, 27, 31, 35, 39, §11967; C46, 50, 54, 58, 62, §635.63; C66, 71, 73, 75, 77, 79, 81, §633.430]
IA Code § 633.431 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.431 - Claims of personal representative.

633.431 Claims of personal representative.   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 claim. The same procedure shall be followed in the case of corepresentatives where all such representatives are creditors of the estate; but if one of the corepresentatives is not a creditor of the estate, such disinterested representative shall represent the estate in the matter of allowing or disallowing such claim against the estate by a corepresentative.  [C51, §1369; R60, §2401; C73, §2417; C97, §3346; C24, 27, 31, 35, 39, §11968; C46, 50, 54, 58, 62, §635.64; C66, 71, 73, 75, 77, 79, 81, §633.431]  Referred to in §633.432
IA Code § 633.432 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.432 - Allowance or disallowance of claim of personal representative.

633.432 Allowance or disallowance of claim of personal representative.   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 substantive merits of allowing or disallowing the claim. The recommendation shall include a statement that, upon investigation, a legitimate dispute either does or does not exist as to such a claim.   2. Unless the court allows the claim, the claim shall be disposed of as a contested claim in accordance with the provisions of sections 633.439 through 633.448.  [C66, 71, 73, 75, 77, 79, 81, §633.432]  2014 Acts, ch 1021, §3; 2019 Acts, ch 59, §216
IA Code § 633.433 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.433 - Payment of debts and charges before expiration of four-month period.

633.433 Payment of debts and charges before expiration of four-month period.   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 funeral, burial, and last illness. Prior to the expiration of four months after the date of the second publication of notice to creditors, the personal representative shall pay other debts and charges against the estate as the court orders, and the court may require bond or other security to be given by the creditor to refund such part of the payment as may be necessary to make payment in accordance with this probate code. All payments made by the personal representative without order of court are at the personal representative’s own peril.  [C51, §1370, 1371, 1374, 1376, 1378, 1379; R60, §2402, 2403, 2406, 2408, 2410, 2411; C73, §2418, 2419, 2422, 2424, 2426, 2427; C97, §3347, 3350, 3353; C24, 27, 31, 35, 39, §11969, 11973, 11976; C46, 50, 54, 58, 62, §635.65, 635.69, 635.71; C66, 71, 73, 75, 77, 79, 81, §633.433]  84 Acts, ch 1080, §12; 2005 Acts, ch 38, §51
IA Code § 633.434 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.434 - Payment of debts and charges after expiration of period following notice.

633.434 Payment of debts and charges after expiration of period following notice.   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 four months after the date of the second publication of notice to creditors or one month after the service of the notice by ordinary mail upon all claimants whose identities are reasonably ascertainable, at their last known addresses and whose claims will not or may not be paid or otherwise satisfied during administration, the personal representative shall pay the debts and charges against the estate in accordance with this probate code. If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that the personal representative deems necessary.  [C51, §1370, 1371, 1374, 1376, 1378, 1379; R60, §2402, 2403, 2406, 2408, 2410, 2411; C73, §2418, 2419, 2422, 2424, 2426, 2427; C97, §3347, 3350, 3353; C24, 27, 31, 35, 39, §11969, 11973, 11976; C46, 50, 54, 58, 62, §635.65, 635.69, 635.71; C66, 71, 73, 75, 77, 79, 81, §633.434]  84 Acts, ch 1080, §13; 89 Acts, ch 35, §7; 2005 Acts, ch 38, §27; 2019 Acts, ch 24, §104
IA Code § 633.435 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.435 - Debts and charges not filed.

633.435 Debts and charges not filed.   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, 79, 81, §633.435]
IA Code § 633.436 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.436 - General order for abatement.

633.436 General order for abatement.   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 to take against the will, without any preference or priority as between real and personal property, in the following order:   a. Property not disposed of by the will;   b. Property devised to the residuary devisee, except property devised to a surviving spouse who takes under the will;   c. Property disposed of by the will, but not specifically devised and not devised to the residuary devisee, except property devised to a surviving spouse who takes under the will;   d. Property specifically devised, except property devised to a surviving spouse who takes under the will;   e. Property devised to a surviving spouse who takes under the will.   2. A general devise charged on any specific property or fund shall, for purposes of abatement, be deemed property specifically devised to the extent of the value of the property on which it is charged. Upon the failure or insufficiency of the property on which it is charged, it shall be deemed property not specifically devised to the extent of such failure or insufficiency.  [C51, §1284, 1285; R60, §2316, 2317; C73, §2334, 2335; C97, §3279; S13, §3279, 3279-a; C24, 27, 31, 35, 39, §11858, 11859; C46, 50, 54, 58, 62, §633.13, 633.14; C66, 71, 73, 75, 77, 79, 81, §633.436]  85 Acts, ch 19, §3; 2008 Acts, ch 1119, §19; 2010 Acts, ch 1138, §58; 2014 Acts, ch 1076, §22  Referred to in §633.278, 633.437
IA Code § 633.437 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.437 - Contrary provision as to abatement.

633.437 Contrary provision as to abatement.   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.   2. Except as provided in subsection 1 of this section, if the provisions of the will, the testamentary plan, or the express or the implied purpose of the devise would be defeated by the order of abatement as provided in section 633.436, then upon application to the court by a fiduciary or a distributee, and after notice to all interested parties, the court shall determine the order for abatement of the shares of distributees in such other manner as may be found necessary to give effect to the intention of the testator. In order to change the order of abatement as provided in section 633.436, it will be necessary for the court to find it clear and convincing that the provisions of the will, the testamentary plan, or the express or implied purpose of the devise would be defeated by the order of abatement stated in section 633.436.  [C66, 71, 73, 75, 77, 79, 81, §633.437]
IA Code § 633.438 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.438 - General denial of claims.

633.438 General denial of claims.   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 denied without any pleading on behalf of the personal representative.  [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, §633.438]  Referred to in §633.417, 633.666
IA Code § 633.439 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.439 - Disallowance by personal representative.

633.439 Disallowance by personal representative.   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 address stated in the claim and to the claimant’s attorney of record, if any.  [C66, 71, 73, 75, 77, 79, 81, §633.439; 81 Acts, ch 193, §4]  Referred to in §633.417, 633.432, 633.666
IA Code § 633.440 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.440 - Contents of notice of disallowance.

633.440 Contents of notice of disallowance.   Such a notice of disallowance 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, and mail a copy of such request for hearing to the personal representative and the attorney of record, if any, by certified mail.  [C66, 71, 73, 75, 77, 79, 81, §633.440]  99 Acts, ch 56, §5  Referred to in §633.417, 633.432, 633.666
IA Code § 633.441 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.441 - Proof of service.

633.441 Proof of service.   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
IA Code § 633.442 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.442 - Claims barred after twenty days.

633.442 Claims barred after twenty days.   Unless the claimant shall within twenty days after the date of mailing the notice of disallowance, file a request for hearing with the clerk and mail a copy of the request for hearing to the personal representative and to the attorney of record, if any, the claim shall be deemed disallowed, and shall be forever barred.  [C66, 71, 73, 75, 77, 79, 81, §633.442]  Referred to in §633.417, 633.432, 633.443, 633.666
IA Code § 633.443 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.443 - Request for hearing by claimant.

633.443 Request for hearing by claimant.   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 may file a request for hearing with the clerk, and mail a copy of the request for hearing to the personal representative and attorney of record, if any.  [C51, §1359, 1361; R60, §2391, 2393; C73, §2408; C97, §3338; C24, 27, 31, 35, 39, §11959; C46, 50, 54, 58, 62, §635.55; C66, 71, 73, 75, 77, 79, 81, §633.443]  Referred to in §633.417, 633.432, 633.666
IA Code § 633.444 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.444 - Applicability of rules of civil procedure.

633.444 Applicability of rules of civil procedure.   Within twenty days from the filing of the request for hearing on a claim, the personal representative shall move or plead to said claim in the same manner as though the claim were a petition filed in an ordinary action, and thereafter, all provisions of law and rules of civil procedure applicable to motions, pleadings and the trial of ordinary actions shall apply; provided, however, that a restatement of such claim shall not be barred by the provisions of section 633.410.  [C66, 71, 73, 75, 77, 79, 81, §633.444]  Referred to in §633.417, 633.432, 633.666
IA Code § 633.445 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.445 - Offsets and counterclaims.

633.445 Offsets and counterclaims.   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 or defeat the recovery sought by the opposing party. It may claim relief exceeding the amount, or different in kind, from that sought in the claim.  [C66, 71, 73, 75, 77, 79, 81, §633.445]  Referred to in §633.417, 633.432, 633.666
IA Code § 633.446 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.446 - Burden of proof.

633.446 Burden of proof.   The burden of proving that a claim is unpaid shall not be placed upon the party filing a claim against the estate; but the personal representative may on the trial of the cause, subject the claimant to an examination on the question of payment or consideration, and the estate shall not be concluded or bound thereby.  [C97, §3340; S13, §3340; C24, 27, 31, 35, 39, §11962; C46, 50, 54, 58, 62, §635.58; C66, 71, 73, 75, 77, 79, 81, §633.446]  Referred to in §633.417, 633.432, 633.666
IA Code § 633.447 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.447 - Trial and hearing.

633.447 Trial and hearing.   The trial of a claim and the offsets or counterclaims, if any, shall be to the court without a jury. However, the court may, in its discretion, either on its own motion or upon the motion of any party, submit the matter to a jury. In the event that the amount of the claim or a counterclaim exceeds the sum of three hundred dollars, either party shall be entitled to a jury trial, if a written demand is made as provided in the rules of civil procedure in relation to the trial of ordinary actions.  [C51, §1360, 1362, 1366; R60, §2392, 2394, 2398; C73, §2411, 2415; C97, §3341, 3344; C24, 27, 31, 35, 39, §11963, 11966; C46, 50, 54, 58, 62, §635.59, 635.62; C66, 71, 73, 75, 77, 79, 81, §633.447]  2019 Acts, ch 59, §217  Referred to in §633.417, 633.432, 633.666  See  R.C.P. 1.902
IA Code § 633.448 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.448 - Allowance and judgment.

633.448 Allowance and judgment.   Upon the trial of a claim, offsets and counterclaims, the amount owing by or to the estate, if any, shall be determined. A claim against the estate shall be allowed for the net amount. Judgment shall be rendered for any amount found to be due the estate. If a judgment is rendered against a claimant for any net amount, execution may issue in the same manner as on judgments in civil cases.  [C66, 71, 73, 75, 77, 79, 81, §633.448]  Referred to in §633.417, 633.432, 633.666
IA Code § 633.449 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.449 - Payment of federal estate taxes.

633.449 Payment of federal estate taxes.   All federal estate taxes, distinguished from state inheritance taxes, owing by the estate of a decedent shall be paid from the property of the estate, unless the will of the decedent, or other trust instrument, provides expressly to the contrary.  [C66, 71, 73, 75, 77, 79, 81, §633.449]  2008 Acts, ch 1119, §20; 2010 Acts, ch 1138, §59; 2014 Acts, ch 1076, §23
IA Code § 633.469 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.469 - Interlocutory report.

633.469 Interlocutory report.   1. The personal representative may at any time file an interlocutory accounting to the court showing the condition of the estate, the estate’s debts and property, the amount of money received, and the disposition made of any of the assets of the estate.   2. The court may on application of any interested party, or on its own motion, order an interlocutory accounting at any time. Such an accounting shall embrace all matters directed by the court. The court may order such further accountings from time to time as the court may determine to be to the best interests of the estate.  [C51, §1422, 1423; R60, §2447, 2448; C73, §2469; C97, §3394, 3420; C24, 27, 31, 35, 39, §12042, 12043, 12070; C46, 50, 54, 58, 62, §638.2, 638.3, 638.33; C66, 71, 73, 75, 77, 79, 81, §633.469]  2019 Acts, ch 59, §218
IA Code § 633.470 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.470 - Waiver of accounting.

633.470 Waiver of accounting.   The distributee, if under no legal disability, may waive the accounting.  [C66, 71, 73, 75, 77, 79, 81, §633.470]
IA Code § 633.471 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.471 - Right of retainer.

633.471 Right of retainer.   When a distributee of an estate is indebted to the estate, or if a distributee takes as an heir of a deceased devisee indebted to the estate, the amount of such indebtedness, if due, or the present worth of the indebtedness, if not due, shall be treated as a setoff and retained by the personal representative out of any testate or intestate property, real or personal, of the estate to which such distributee is entitled. In intestate estates, the personal representative shall have the same right of setoff and retainer against an heir whose ancestor was indebted to the estate. The right of setoff and retainer shall be prior and superior to the rights of judgment creditors, heirs or assigns of such distributee.  [C51, §1383 – 1386; R60, §2415 – 2418; C73, §2431 – 2434; C97, §3357 – 3360; C24, 27, 31, 35, 39, §11980 – 11983; C46, 50, 54, 58, 62, §635.75 – 635.78; C66, 71, 73, 75, 77, 79, 81, §633.471]  2012 Acts, ch 1123, §13, 32
IA Code § 633.472 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.472 - Property distributed in kind.

633.472 Property distributed in kind.   Property not otherwise disposed of by the personal representative may be distributed in kind.  [C51, §1384, 1385, 1392; R60, §2416, 2417, 2424; C73, §2432, 2433, 2438; C97, §3358, 3359, 3364; C24, 27, 31, 35, 39, §11981, 11982, 11988; C46, 50, 54, 58, 62, §635.76, 635.77, 636.3; C66, 71, 73, 75, 77, 79, 81, §633.472]
IA Code § 633.473 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.473 - Final settlement — time limit.

633.473 Final settlement — time limit.   Final settlement shall be made within three years, after the second publication of the notice to creditors, unless otherwise ordered by the court after notice to all interested parties.  [C51, §1393; R60, §2425; C73, §2439, 2469; C97, §3365, 3394; C24, 27, 31, 35, 39, §11989, 12044; C46, 50, 54, 58, 62, §636.4, 638.4; C66, 71, 73, 75, 77, 79, 81, §633.473]  Referred to in §635.8