reglab/housing_qa huggingface dataset:
IA Code § 633.217 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.217 - Trial.

633.217 Trial.   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
IA Code § 633.218 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.218 - Right of spouse to select property.

633.218 Right of spouse to select property.   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 633.212 which selection shall be in writing filed with the clerk of court.  [C24, 27, 31, 35, 39, §12023; C46, 50, 54, 58, 62, §636.38; C66, 71, 73, 75, 77, 79, 81, §633.218]  Referred to in §633.210
IA Code § 633.220 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.220 - Afterborn heirs — time of determining relationship.

633.220 Afterborn heirs — time of determining relationship.   Heirs of an intestate, begotten before the intestate’s death but born thereafter, 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 the time of the death of the intestate.  [C51, §1284, 1285; R60, §2316, 2317; C73, §2334, 2335; C97, §3279; S13, §3279; C24, 27, 31, 35, 39, §11858; C46, 50, 54, 58, 62, §633.13; C66, 71, 73, 75, 77, 79, 81, §633.220]  Referred to in §633.210
IA Code § 633.220A (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.220A - Posthumous child.

633.220A Posthumous child.   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 been born during the lifetime of the intestate and had survived the intestate, if all of the following conditions are met:   a. A genetic parent-child relationship between the child and the intestate is established.   b. The intestate, in a signed writing, authorized the intestate’s surviving spouse to use the deceased parent’s genetic material to initiate the posthumous procedure that resulted in the child’s birth.   c. The child is born within two years of the death of the intestate.   2. Any heir of the intestate whose interest in the intestate’s estate would be reduced by the birth of a child born as provided in subsection 1 shall have one year from the birth of the child within which to bring an action challenging the child’s right to inherit under this chapter.   3. For the purposes of this section, “genetic material” means sperm, eggs, or embryos.  2011 Acts, ch 18, §2  Referred to in §633.210
IA Code § 633.221 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.221 - Biological child — inherit from mother.

633.221 Biological child — inherit from mother.   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 Acts, ch 1046, §27  Referred to in §633.3, 633.210
IA Code § 633.222 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.222 - Biological child — inherit from father.

633.222 Biological child — inherit from father.   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 general and notorious, or in writing. Under such circumstances, if the recognition has been mutual, and the child has not been adopted, the father may inherit from his biological child.  [C51, §1416, 1417; R60, §2442, 2443; C73, §2466, 2467; C97, §3385; C24, 27, 31, 35, 39, §12031; C46, 50, 54, 58, 62, §636.46; C66, 71, 73, 75, 77, 79, 81, §633.222]  86 Acts, ch 1086, §1; 94 Acts, ch 1046, §28  Referred to in §633.3, 633.210
IA Code § 633.223 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.223 - Effect of adoption.

633.223 Effect of adoption.   1. Except as provided in subsection 3, a lawful adoption extinguishes the right of intestate succession of an adopted person from and through the adopted person’s biological parents. The adopted person inherits from and through the adoptive parents in the same manner as a biological child inherits from and through the child’s biological parents.   2. Except as provided in subsection 3, a lawful adoption extinguishes the right of intestate succession of a biological parent from and through the parent’s biological child who is adopted. The adoptive parents inherit from and through the adopted person in the same manner as biological parents inherit from and through the parents’ biological child.   3. An adoption of a person by the spouse or surviving spouse of a biological parent has no effect on the relationship for inheritance purposes between the adopted person and that biological parent or biological parent’s heirs. An adoption of a person by the spouse or surviving spouse of a biological parent after the death of the other biological parent has no effect on the relationship for inheritance purposes between the adopted person and the deceased biological parent’s heirs.   4. A person inherits through an adopted person, an adoptive parent, or a biological parent of an adopted person only if the adopted person, adoptive parent, or biological parent of an adopted person would have inherited under subsection 1, 2, or 3.  [C66, 71, 73, 75, 77, 79, 81, §633.223; 81 Acts, ch 194, §1]  94 Acts, ch 1046, §29  Referred to in §633.210
IA Code § 633.224 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.224 - Advancements — in general.

633.224 Advancements — in general.   When the owner of property transfers it as an advancement to a person who would be an heir of such transferor were the latter to die at that time, and the transferor dies intestate, then the property thus advanced shall be counted toward the share of the transferee in the estate, which for this purpose only shall be increased by the value of the advancement at the time the advancement was made. The transferee shall have no liability to the estate for such part, if any, of the advancement as may be in excess of the transferee’s share in the estate as thus determined. Every gratuitous inter vivos transfer is presumed to be an absolute gift, and not an advancement. Such presumption is rebuttable.  [C51, §1419, 1420; R60, §2445, 2446; C73, §2459; C97, §3383; C24, 27, 31, 35, 39, §12029; C46, 50, 54, 58, 62, §636.44; C66, 71, 73, 75, 77, 79, 81, §633.224]  2013 Acts, ch 30, §163  Referred to in §633.210, 633.225, 633.226
IA Code § 633.225 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.225 - Valuation of advancements.

633.225 Valuation of advancements.   An advancement under section 633.224 shall be valued as of the time when the advancee came into possession or enjoyment or as of the date of the death of the intestate, whichever first occurs.  [C51, §1419, 1420; R60, §2445, 2446; C73, §2459; C97, §3383; C24, 27, 31, 35, 39, §12029; C46, 50, 54, 58, 62, §636.44; C66, 71, 73, 75, 77, 79, 81, §633.225]  Referred to in §633.210
IA Code § 633.226 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.226 - Death of advancee before intestate.

633.226 Death of advancee before intestate.   If an advancee under section 633.224 dies before the intestate, leaving an heir who takes from the intestate, the advancement shall be taken into account in the same manner as if it had been made directly to such heir. If such heir is entitled to a lesser share in the estate than the advancee would have been entitled to, had the advancee survived the intestate, then the heir shall be charged with only such proportion of the advancement as the amount the heir would have inherited, had there been no advancement, bears to the amount which the advancee would have inherited, had there been no advancement.  [C51, §1419, 1420; R60, §2445, 2446; C73, §2459; C97, §3383; C24, 27, 31, 35, 39, §12029; C46, 50, 54, 58, 62, §636.44; C66, 71, 73, 75, 77, 79, 81, §633.226]  Referred to in §633.210
IA Code § 633.227 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.227 - Administration granted.

633.227 Administration granted.   Where there is no will, administration shall be granted to any qualified person on the petition of:   1. The surviving spouse;   2. The heirs of the decedent;   3. Creditors of the decedent;   4. Other persons showing good grounds therefor.  [C51, §1311, 1312; R60, §2343, 2344; C73, §2354, 2355; C97, §3297; C24, 27, 31, 35, 39, §11883; C46, 50, 54, 58, 62, §633.39; C66, 71, 73, 75, 77, 79, 81, §633.227]  Referred to in §635.1
IA Code § 633.228 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.228 - Time allowed.

633.228 Time allowed.   1. To file such petition, there shall be allowed, commencing with the death of the decedent:   a. To the surviving spouse, a period of twenty days.   b. To each other class in succession, a period of ten days.   2. The period allowed each class shall be advanced to the period allowed the preceding class if there is no member of such preceding class. Any member of any class may file such petition after the expiration of the period allowed to the member if letters have not been issued prior thereto.  [C51, §1313; R60, §2345; C73, §2356; C97, §3298; C24, 27, 31, 35, 39, §11884; C46, 50, 54, 58, 62, §633.40; C66, 71, 73, 75, 77, 79, 81, §633.228]  2013 Acts, ch 30, §191  Referred to in §635.1
IA Code § 633.229 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.229 - Petition for administration of an intestate estate.

633.229 Petition for administration of an intestate estate.   The petition for administration of an intestate estate shall contain the following:   1. The name, domicile and date of death of the decedent.   2. If the decedent was domiciled outside the state at the time of the decedent’s death, a statement that the decedent had property within the county in which the petition is filed, or any other basis for jurisdiction in such county.   3. The name and address of the surviving spouse, if any, and the name and address of each heir so far as known to the petitioner.   4. 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, §633.229]
IA Code § 633.230 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.230 - Notice in intestate estates.

633.230 Notice in intestate estates.   1. In intestate matters, the administrator, as soon as letters are issued, shall cause to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending, and at any time during the pendency of administration that the administrator has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, provide by ordinary mail to each such claimant at the claimant’s last known address, a notice of appointment which shall be in substantially the following form:  In the District Court of Iowa  in and for .................... County.   In the Estate of Probate No. ................   ...................., Deceased   NOTICE OF APPOINTMENT OF   ADMINISTRATOR AND   NOTICE TO CREDITORS   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 undersigned was appointed administrator of the estate.   Notice is hereby given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.   Dated this ........ day of ............ (month), ............ (year)   ....................   Administrator of the estate   ....................   Address  ....................  Attorney for the administrator  ....................  Address  Date of second publication  ........ day of ............ (month), ............ (year)   (Date to be inserted by publisher)   2. An action based upon the failure to give notice by mail required by this section, section 633.304 or 633.305, to heirs of a decedent or to persons known by the personal representative to own or possess a claim in any estate in which the personal representative was discharged prior to July 1, 1989, shall not be maintained in any court in this state unless commenced prior to July 1, 1991.  [C66, 71, 73, 75, 77, 79, 81, §633.230]  84 Acts, ch 1080, §1, 2; 89 Acts, ch 35, §2; 90 Acts, ch 1036, §1; 2000 Acts, ch 1058, §66; 2016 Acts, ch 1073, §170; 2017 Acts, ch 29, §161  Referred to in §590.1, 633A.3109, 633A.3111, 635.13
IA Code § 633.236 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.236 - Right of elective share of surviving spouse.

633.236 Right of elective share of surviving spouse.   When a married person domiciled in Iowa at the time of death dies, the surviving spouse shall have the right to take an elective share under the provisions of sections 633.237 through 633.246. If the surviving spouse has a conservator, the court may authorize or direct the conservator to elect the share as the court deems appropriate under the circumstances.  [C51, §1407; R60, §2435; C73, §2452; C97, §3376; S13, §3376; C24, 27, 31, 35, 39, §12006, 12010; C46, 50, 54, 58, 62, §636.21, 636.25; C66, 71, 73, 75, 77, 79, 81, §633.236]  88 Acts, ch 1064, §1; 2005 Acts, ch 38, §12  Referred to in §633.237, 633.245, 633.246, 633.247, 633.264, 633.642  Effect on medical assistance eligibility, see §249A.3(11) and 633.246A
IA Code § 633.237 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.237 - Presumption against filing elective share.

633.237 Presumption against filing elective share.   1. Following the appointment of a personal representative of the estate of the decedent, the personal representative shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse that unless, within four months after service of the notice, the spouse files an election in writing with the clerk of court electing the share as set forth in section 633.236 and sections 633.238 through 633.246, the spouse shall be deemed to take under the will or to receive the intestate share. If, within the four-month period following service of the notice, an affidavit is filed setting forth that the surviving spouse is incapable of making the election and does not have a conservator, the personal representative shall make application to the court for an order pursuant to section 633.244.   2. Following the death of a settlor of a revocable trust, the trustee of such revocable trust shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse that unless, within four months after service of the notice, the spouse files an election with the trustee electing the share as set forth in section 633.236 and sections 633.238 through 633.246, the spouse shall be deemed to take under the terms of the revocable trust. If, within the four-month period following service of the notice, an affidavit is filed setting forth that the surviving spouse is incapable of making the election and does not have a conservator, the trustee shall make application to the court for an order pursuant to section 633.244.   3. If the surviving spouse has a conservator, notice shall be given to the conservator and the spouse pursuant to subsections 1 and 2.   4. The notice provisions under subsections 1 and 2 are not applicable if the surviving spouse or the spouse’s conservator files, at any time, an election to take under the will, receive the intestate share, or take under the revocable trust. If the surviving spouse fails to file an election under this section within four months of the date notice is served, it shall be conclusively presumed that the surviving spouse elects to take under the will, receive the intestate share, or take under the revocable trust.   5. Upon application of the surviving spouse or the spouse’s conservator filed before the time for making the election expires, the court may extend the period in which the surviving spouse may make the election.  [C73, §2452; C97, §3376; S13, §3376; C24, 27, 31, 35, 39, §12007, 12010; C46, 50, 54, 58, 62, §636.22, 636.25; C66, 71, 73, 75, 77, 79, 81, §633.237]  84 Acts, ch 1080, §3; 88 Acts, ch 1064, §2; 2005 Acts, ch 38, §13; 2009 Acts, ch 52, §3, 14; 2012 Acts, ch 1123, §3, 32  Referred to in §633.236, 633.241, 633.246, 633A.3110, 635.13
IA Code § 633.239 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.239 - Share to embrace homestead.

633.239 Share to embrace homestead.   The share of the surviving spouse in such real estate shall be set off in such manner as to include the homestead, or so much thereof as will be equal to the share allotted to the spouse pursuant to section 633.238 unless the spouse prefers a different arrangement, but no such different arrangement shall be allowed unless there is sufficient property remaining to pay the claims and charges against the decedent’s estate.  [C51, §1395; R60, §2426; C73, §2441; C97, §3367; C24, 27, 31, 35, 39, §11992; C46, 50, 54, 58, 62, §636.7; C66, 71, 73, 75, 77, 79, 81, §633.239]  2005 Acts, ch 38, §15  Referred to in §633.236, 633.237
IA Code § 633.240 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.240 - Election to receive homestead.

633.240 Election to receive homestead.   In estates in which the surviving spouse has filed an election and in all intestate estates, whether an election is filed or not, the surviving spouse or the spouse’s conservator, if applicable, may, in lieu of the spouse’s share in the real property possessed by the decedent at any time during the marriage, which has not been sold on execution or other judicial sale, and to which the surviving spouse has made no express written relinquishment of right, elect to receive a life estate in the homestead. Such election shall be made and entered of record as provided in section 633.245. In making such election, the surviving spouse shall have all the rights as to the personal property provided in section 633.238, subsection 1, paragraphs “b”, “c”, and “d”. In case of failure to make such election, the right to receive the life estate in the homestead shall be waived.  [C97, §3377; S13, §3377; C24, 27, 31, 35, 39, §12012; C46, 50, 54, 58, 62, §636.27; C66, 71, 73, 75, 77, 79, 81, §633.240]  88 Acts, ch 1064, §3; 2005 Acts, ch 38, §16  Referred to in §633.236, 633.237, 633.245, 633.246, 633.642
IA Code § 633.241 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.241 - Time for election to receive life estate in homestead.

633.241 Time for election to receive life estate in homestead.   If the surviving spouse does not make an election to receive the life estate in the homestead and file it with the clerk within four months from the date of service of notice under section 633.237, it shall be conclusively presumed that the surviving spouse waives the right to make the election. The court on application may, prior to the expiration of the period of four months, for cause shown, enter an order extending the time for making the election.  [C97, §3377; S13, §3377; C24, 27, 31, 35, 39, §12013; C46, 50, 54, 58, 62, §636.28; C66, 71, 73, 75, 77, 79, 81, §633.241]  84 Acts, ch 1080, §4; 2005 Acts, ch 38, §17; 2008 Acts, ch 1119, §16, 39  Referred to in §633.236, 633.237
IA Code § 633.242 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.242 - Rights of election personal to surviving spouse.

633.242 Rights of election personal to surviving spouse.   The right of the surviving spouse to take an elective share, and the right of the surviving spouse to receive a life estate in the homestead, are personal. They are not transferable and cannot be exercised for the spouse subsequent to the spouse’s death. If the surviving spouse dies prior to filing an election, it shall be conclusively presumed that the surviving spouse does not take such elective share.  [C66, 71, 73, 75, 77, 79, 81, §633.242]  2005 Acts, ch 38, §18  Referred to in §633.236, 633.237
IA Code § 633.243 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.243 - Filing elections.

633.243 Filing elections.   The filing of the elective share and the election to receive a life estate in the homestead shall be filed in the office of the clerk in which the decedent’s estate is being administered and served on the trustee of the revocable trust. The court where the election is filed shall have exclusive jurisdiction over all matters regarding elections under this chapter.  [C24, 27, 31, 35, 39, §12010; C46, 50, 54, 58, 62, §636.25; C66, 71, 73, 75, 77, 79, 81, §633.243]  2005 Acts, ch 38, §19  Referred to in §633.236, 633.237
IA Code § 633.244 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.244 - Incompetent spouse — election by court.

633.244 Incompetent spouse — election by court.   In case an affidavit is filed that the surviving spouse is incapable of determining whether to take the elective share, or to elect to receive a life estate in the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter and cause a notice thereof to be served upon the surviving spouse in such manner and for such time as the court may direct. At the hearing, a guardian ad litem shall be appointed to represent the spouse and the court shall enter such orders as it deems appropriate under the circumstances. The guardian ad litem shall be a practicing attorney.  [S13, §3376, 3377; C24, 27, 31, 35, 39, §12011, 12014; C46, 50, 54, 58, 62, §636.26, 636.29; C66, 71, 73, 75, 77, 79, 81, §633.244]  88 Acts, ch 1064, §4; 90 Acts, ch 1271, §1513; 2005 Acts, ch 38, §20  Referred to in §229.27, 633.236, 633.237, 633.245, 633.246