reglab/housing_qa huggingface dataset:
IA Code § 633.278 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.278 - Devise of encumbered property.

633.278 Devise of encumbered property.   When any property subject to a mortgage, other lien or security interest, is specifically devised, the devisee shall take such property so devised subject to such mortgage, other lien or security interest, unless the will provides expressly or by necessary implication that such mortgage, other lien or security interest be otherwise paid. If there is a testamentary direction to discharge such mortgage, other lien or security interest, the rules of abatement specified in section 633.436 shall be applied.  [C66, 71, 73, 75, 77, 79, 81, §633.278]
IA Code § 633.280 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.280 - Competency of witnesses.

633.280 Competency of witnesses.   Any person who is sixteen years of age, or older, and who is competent to be a witness generally in this state, may act as an attesting witness to a will.  [C66, 71, 73, 75, 77, 79, 81, §633.280]
IA Code § 633.281 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.281 - Interest of witnesses.

633.281 Interest of witnesses.   No will is invalidated because attested by an interested witness; but any interested witness shall, unless the will is also attested by two competent and disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the decedent’s death, that which the interested witness would have received had the testator died intestate. No attesting witness is interested unless the witness is devised or bequeathed some portion of the testator’s estate.  [C51, §1282, 1283; R60, §2314, 2315; C73, §2327, 2328; C97, §3275; C24, 27, 31, 35, 39, §11854; C46, 50, 54, 58, 62, §633.9; C66, 71, 73, 75, 77, 79, 81, §633.281]
IA Code § 633.282 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.282 - Defect cured by codicil.

633.282 Defect cured by codicil.   If a codicil to a defectively executed will is duly executed, and such will is clearly identified in said codicil, the will and the codicil shall be considered as one instrument and the execution of both shall be deemed sufficient.  [C97, §3274; C24, 27, 31, 35, 39, §11853; C46, 50, 54, 58, 62, §633.8; C66, 71, 73, 75, 77, 79, 81, §633.282]
IA Code § 633.283 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.283 - Will executed in foreign state or country.

633.283 Will executed in foreign state or country.   A will executed outside this state, in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state, provided said will is in writing and subscribed by the testator.  [C97, §3309; C24, 27, 31, 35, 39, §11893; C46, 50, 54, 58, 62, §633.49; C66, 71, 73, 75, 77, 79, 81, §633.283]  Referred to in §633.279
IA Code § 633.284 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.284 - Revocation — cancellation — revival.

633.284 Revocation — cancellation — revival.   A will can be revoked in whole or in part only by being canceled or destroyed by the act or direction of the testator, with the intention of revoking it, or by the execution of a subsequent will. When done by cancellation, the revocation must be witnessed in the same manner as the making of a new will. No will, nor any part thereof, which shall be in any manner revoked, or which shall be or become invalid, can be revived otherwise than by a re-execution thereof, or by the execution of another will or codicil in which the revoked or invalid will, or part thereof, is incorporated by reference.  [C51, §1288, 1289; R60, §2320, 2321; C73, §2329, 2330; C97, §3276; S13, §3276; C24, 27, 31, 35, 39, §11855; C46, 50, 54, 58, 62, §633.10; C66, 71, 73, 75, 77, 79, 81, §633.284]
IA Code § 633.285 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.285 - Custodian — filing — penalty.

633.285 Custodian — filing — penalty.   After being informed of the death of the testator, the person having custody of the testator’s will shall deliver it to the court having jurisdiction of the testator’s estate. Every person who willfully refuses or fails to deliver a will after being ordered by the court to do so shall be guilty of contempt of court. The person shall also be liable to any person aggrieved for the damages which may be sustained by such refusal or failure.  [C51, §1291, 1292; R60, §2323, 2324; C73, §2338, 2339; C97, §3282; C24, 27, 31, 35, 39, §11862; C46, 50, 54, 58, 62, §633.17; C66, 71, 73, 75, 77, 79, 81, §633.285]  Referred to in §633.286
IA Code § 633.286 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.286 - Deposit of will with clerk.

633.286 Deposit of will with clerk.   The clerk shall maintain a file for the safekeeping of wills. There shall be placed therein wills deposited with the clerk by living testators or by persons on their behalf, and wills of deceased testators not accompanied by petitions for the probate thereof, when deposited with the clerk by persons having custody thereof as provided in section 633.285.  [C51, §1290; R60, §2322; C73, §2331; C97, §3277; C24, 27, 31, 35, 39, §11856; C46, 50, 54, 58, 62, §633.11; C66, 71, 73, 75, 77, 79, 81, §633.286]  Referred to in §633.645
IA Code § 633.287 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.287 - Manner of deposit.

633.287 Manner of deposit.   Every such will shall be enclosed in a sealed wrapper. The clerk shall indorse thereon the name of the testator, the name of the depositor, the date of deposit, and, if provided, the name of the person to be notified of the deposit of such will upon the death of the testator. The clerk shall hold such will until disposed of as provided in section 633.288 or 633.289.  [C66, 71, 73, 75, 77, 79, 81, §633.287]  Referred to in §633.645
IA Code § 633.288 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.288 - Delivery by clerk during lifetime of testator.

633.288 Delivery by clerk during lifetime of testator.   During the lifetime of the testator, such will shall be delivered only to the testator, or to some person authorized by the testator by an order in writing duly acknowledged.  [C66, 71, 73, 75, 77, 79, 81, §633.288]  Referred to in §633.287, 633.645
IA Code § 633.289 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.289 - Delivery by clerk after death of testator.

633.289 Delivery by clerk after death of testator.   After being informed of the death of a testator, the clerk shall notify the person, if any, named in the indorsement on the wrapper of said will. If no petition for the probate thereof has been filed within thirty days after the death of the testator, it shall be publicly opened, and the court shall make such orders as it deems appropriate for the disposition of said will. The clerk shall notify the executor named therein and such other persons as the court shall designate of such action. If the proper venue is in another court, the clerk, upon request, shall transmit such will to such court, but before such transmission, the clerk shall make a true copy thereof and retain the same in the clerk’s files.  [C66, 71, 73, 75, 77, 79, 81, §633.289]  Referred to in §633.287, 633.645
IA Code § 633.290 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.290 - Petitions after death of testator.

633.290 Petitions after death of testator.   1. After the death of the testator, any interested person may file a verified petition in the district court of the proper county for any of the following:   a. To have the will admitted to probate.   b. For the appointment of the executor.   c. To request a hearing before the will is admitted to probate.   d. To request a hearing before the appointment of the executor.   e. For the production of the purported will of the decedent to be filed by the person believed by the petitioner to be in possession of the will.   2. Petitions for any of the reasons specified in subsection 1 may be combined.  [C66, 71, 73, 75, 77, 79, 81, §633.290]  2013 Acts, ch 30, §192; 2013 Acts, ch 33, §3, 9  Referred to in §635.1
IA Code § 633.291 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.291 - Contents of petition for probate of will.

633.291 Contents of petition for probate of will.   A petition for probate of a will shall state:   1. The name, domicile, and date of death of the decedent.   2. If the decedent was not domiciled in the state at the time of the decedent’s death, then, that the decedent had property within the county in which the petition is filed, or any other basis for jurisdiction in such county.  [C66, 71, 73, 75, 77, 79, 81, §633.291]
IA Code § 633.292 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.292 - Contents of petition for appointment of executor.

633.292 Contents of petition for appointment of executor.   A petition for the appointment of an executor shall state the name and address of the person nominated or proposed as executor, and that such person is qualified to act as executor. If the person proposed in said petition is not the person nominated in the will, the petition shall state the reason why the person nominated is not proposed as executor. Unless bond is waived in the will, the petition shall state the estimated value of the personal property of the estate plus the estimated gross annual income of the estate during the period of administration.  [C66, 71, 73, 75, 77, 79, 81, §633.292]
IA Code § 633.293 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.293 - Hearing upon petition.

633.293 Hearing upon petition.   Upon the filing of a petition for probate of a will, the court or the clerk may, in its or the clerk’s discretion, hear it forthwith, or at such time and place as the court or clerk may direct, with or without requiring notice, and upon proof of due execution of the will, admit the same to probate.  [C51, §1294; R60, §2326; C73, §2341; C97, §3284; S13, §3284; C24, 27, 31, 35, 39, §11865; C46, 50, 54, 58, 62, §633.20; C66, 71, 73, 75, 77, 79, 81, §633.293]  Referred to in §633.279
IA Code § 633.294 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.294 - Order of preference for appointment of executor.

633.294 Order of preference for appointment of executor.   Letters testamentary may be granted to one or more persons found to be qualified. Preference for appointment shall be in the following order:   1. The person designated in the will;   2. Any beneficiary named in the will, or a person nominated by the beneficiaries;   3. Any creditor of the deceased, or a person nominated by such creditor;   4. Such other person as the court may find to be qualified.  [C66, 71, 73, 75, 77, 79, 81, §633.294]
IA Code § 633.295 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.295 - Testimony of witnesses.

633.295 Testimony of witnesses.   The proof may be made by the oral or written testimony of one or more of the subscribing witnesses to the will. If such testimony is in writing, it shall be substantially in the following form executed and sworn to before or after the death of the decedent:  In the District Court of Iowa  in and for .................... County.   In the Matter of Probate No. ................   the Estate of TESTIMONY OF SUBSCRIBING   ........................, Deceased WITNESS ON   State of ............ ) PROBATE OF WILL   ............ County ) ss   I, ........................, being first duly sworn, state:   I reside in the County of ...................., State of ................; I knew the identity of the testator on the ........ day of ............ (month), ............ (year), the date of the instrument, the original or exact reproduction of which is attached hereto, now shown to me, and purporting to be the last will and testament of the said ........................; I am one of the subscribing witnesses to said instrument; at the said date of said instrument, I knew the identity of ........................, the other subscribing witness; that said instrument was exhibited to me and to the other subscribing witness by the testator, who declared the same to be the testator’s last will and testament, and was signed by the testator at ................................, in the County of ...................., State of ................, on the date shown in said instrument, in the presence of myself and the other subscribing witness; and the other subscribing witness and I then and there, at the request of the testator, in the presence of said testator and in the presence of each other, subscribed our names thereto as witnesses.  ........................  Name of Witness  ................................  Address   Subscribed and sworn to before me this ........ day of ............ (month), ............ (year)   ................................   Signature of notarial officer  (Stamp)   [........................]   Title of office   [My commission expires: ........]  [C66, 71, 73, 75, 77, 79, 81, §633.295]  2000 Acts, ch 1058, §56; 2012 Acts, ch 1050, §58, 60; 2013 Acts, ch 33, §4, 9; 2014 Acts, ch 1021, §1, 4 – 6; 2016 Acts, ch 1073, §172  Referred to in §633.296, 633.319
IA Code § 633.296 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.296 - Deposition.

633.296 Deposition.   If it is desired to prove the execution of the will by deposition, rather than by use of the affidavit form provided in section 633.295, upon application, the clerk shall issue a commission to some officer authorized by the law of this state to take depositions, with the will annexed, and the officer taking the deposition shall exhibit it to the witness for identification, and, when identified by the witness, shall mark it as “Exhibit ............” and cause the witness to connect the witness’ identification with it as such exhibit. Before sending out the commission, the clerk shall make and retain in the clerk’s office a true copy of such will.  [C97, §3285; C24, 27, 31, 35, 39, §11866; C46, 50, 54, 58, 62, §633.21; C66, 71, 73, 75, 77, 79, 81, §633.296]
IA Code § 633.297 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.297 - Witnesses unavailable.

633.297 Witnesses unavailable.   If all of such witnesses are deceased or otherwise not available, then it shall be permissible to prove said will by the sworn testimony of two credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, and that the signatures of the witnesses are in the handwriting of such witnesses, or it may be proved by other sufficient evidence of the execution of such will.  [C46, 50, 54, 58, 62, §633.22; C66, 71, 73, 75, 77, 79, 81, §633.297]  Other evidence, proof, §622.24
IA Code § 633.298 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.298 - Order admitting or disallowing probate of will.

633.298 Order admitting or disallowing probate of will.   The court or the clerk shall enter an order either admitting said will to probate, or disallowing probate because of insufficient proof thereof.  [C66, 71, 73, 75, 77, 79, 81, §633.298]
IA Code § 633.299 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.299 - Order appointing executor.

633.299 Order appointing executor.   If a petition for appointment of an executor has been filed, the order admitting the will to probate shall include appointment of an executor thereof, unless the court or clerk shall determine that no appointment should be made at such time.  [C51, §1299, 1302; R60, §2331, 2334; C73, §2332, 2333; C97, §3278; C24, 27, 31, 35, 39, §11857; C46, 50, 54, 58, 62, §633.12; C66, 71, 73, 75, 77, 79, 81, §633.299]
IA Code § 633.300 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.300 - Certificate of probate.

633.300 Certificate of probate.   When a will has been admitted to probate the clerk shall have a certificate of such fact, endorsed thereon or annexed thereto, signed by the clerk and attested by the seal of the court; and, when so certified, it, or the transcript of the record properly authenticated, may be read in evidence in all courts without further proof.  [C51, §1300; R60, §2332; C73, §2342; C97, §3286; C24, 27, 31, 35, 39, §11867; C46, 50, 54, 58, 62, §633.23; C66, 71, 73, 75, 77, 79, 81, §633.300]  93 Acts, ch 70, §13  Referred to in §633.301
IA Code § 633.301 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.301 - Copy of will for executor.

633.301 Copy of will for executor.   When a will has been admitted to probate and certified pursuant to section 633.300, the clerk shall cause a certified copy thereof to be placed in the hands of the executor to whom letters are issued. The clerk shall retain the will in a separate file provided for that purpose until the time for contest has expired, and promptly thereafter shall place it with the files of the estate.  [C51, §1295, 1298; R60, §2327, 2330; C73, §2343, 2344; C97, §3287; S13, §3287; C24, 27, 31, 35, 39, §11868; C46, 50, 54, 58, 62, §633.24; C66, 71, 73, 75, 77, 79, 81, §633.301]  93 Acts, ch 70, §14; 2003 Acts, ch 151, §53  Referred to in §633.302
IA Code § 633.302 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.302 - Clerk filing copies of will.

633.302 Clerk filing copies of will.   When the clerk places an original will in a separate file as provided in section 633.301, the clerk shall place and keep a true copy of such will in the probate file containing the proceedings in the estate which it governs.  [C66, 71, 73, 75, 77, 79, 81, §633.302]
IA Code § 633.303 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.303 - Charitable trusts — copy of wills to attorney general.

633.303 Charitable trusts — copy of wills to attorney general. Repealed by  2009 Acts, ch 35, §3  . See §633A.5107 and 633A.5108.
IA Code § 633.305 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.305 - Notice if no administration.

633.305 Notice if no administration.   1. On admission of a will to probate without administration of the estate, the proponent shall cause to be published, in the manner prescribed in section 633.304, a notice of the admission of the will to probate. As soon as practicable following the admission of the will to probate, the proponent shall give notice of the admission of the will to probate by ordinary mail addressed to the surviving spouse, each heir of the decedent, and each devisee under the will admitted to probate whose identities are reasonably ascertainable, at such persons’ last known addresses. The notice of the admission of the will to probate shall include a notice that any action to set aside the will must be brought within the later to occur of four months from the date of the second publication of the notice or one month from the date of mailing of this notice, or thereafter be barred.   2. As used in this section, “heir” means only such person as would, in an intestate estate, be entitled to a share under section 633.219.   3. The notice shall be substantially in the following form:  In the District Court of Iowa  in and for .................... County.   Probate No. ................   In the Estate of NOTICE OF PROOF OF WILL   ...................., Deceased WITHOUT ADMINISTRATION   To All Persons Interested in the Estate of ...................., Deceased, who died on or about ........................ (date):   You are hereby notified that on the ........ day of ............ (month), ............ (year), the last will and testament of ...................., deceased, bearing date of the ........ day of ............ (month), ............ (year), was admitted to probate in the above-named court and there will be no present administration of the estate. Any action to set aside the will must be brought in the district court of the county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.   Dated this ........ day of ............ (month), ............ (year)  ....................  Proponent  ....................  Attorney for estate  ....................  Address  Date of second publication  ........ day of ............ (month), ............ (year)   (Date to be inserted by publisher)  [C66, 71, 73, 75, 77, 79, 81, §633.305]  84 Acts, ch 1080, §7; 89 Acts, ch 35, §4; 93 Acts, ch 111, §4; 2000 Acts, ch 1058, §68; 2000 Acts, ch 1150, §5; 2002 Acts, ch 1119, §100; 2006 Acts, ch 1129, §11; 2008 Acts, ch 1032, §85; 2016 Acts, ch 1073, §175  Referred to in §590.1, 633.230
IA Code § 633.306 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.306 - Record in foreign county.

633.306 Record in foreign county.   Whenever it shall appear that the testator died seized of real estate located in a county of this state other than that in which probate is granted, a complete transcript, properly authenticated, of the record entry of the order of court admitting the will to probate, and, if a copy of such will is not contained therein, a certified copy of such will shall be attached thereto, and the same shall be filed by the clerk in the office of the clerk of the district court in such other county, who shall cause the same to be entered in the probate docket, and said transcript shall be recorded in full in the electronic record kept for the recording of wills in such county. When so recorded, such record may be read in evidence in all courts without further proof.  [S13, §3287; C24, 27, 31, 35, 39, §11869; C46, 50, 54, 58, 62, §633.25; C66, 71, 73, 75, 77, 79, 81, §633.306]  2018 Acts, ch 1027, §5, 8  See also §633.401
IA Code § 633.307 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.307 - Costs of transcript.

633.307 Costs of transcript.   The cost of such transcript and of the recording thereof shall be taxed against the estate of the decedent unless administration thereof is closed, in which event it shall be paid by the owner of the real estate involved.  [S13, §3287; C24, 27, 31, 35, 39, §11870; C46, 50, 54, 58, 62, §633.26; C66, 71, 73, 75, 77, 79, 81, §633.307]
IA Code § 633.308 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.308 - Setting aside probate of will.

633.308 Setting aside probate of will.   Any interested person may petition to set aside the probate of a will by filing a written petition in the probate proceedings. The petition for such purpose shall state the grounds therefor.  [C51, §1297; R60, §2329; C73, §2353; C97, §3296; C24, 27, 31, 35, 39, §11882; C46, 50, 54, 58, 62, §633.38; C66, 71, 73, 75, 77, 79, 81, §633.308]