reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.426 - Order of payment of debts and charges.

633.426 Order of payment of debts and charges.
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 paid on a pro rata basis, without preference between claims then due and those of the same class not due.
[C51, §1378, 1379; R60, §2410, 2411; C73, §2426, 2427; C97, §3353; C24, 27, 31, 35, 39, §11976; C46, 50, 54, 58, 62, §635.71; C66, 71, 73, 75, 77, 79, 81, §633.426]
2008 Acts, ch 1032, §86
Referred to in §633A.3104
2023 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
2023 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]
2023 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]
2023 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]
2023 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
2023 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
2023 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
2023 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
2023 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]
2023 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
2023 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]
2023 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 generally denied by the personal representative 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]
2021 Acts, ch 23, §1
Referred to in §633.417, 633.666
2023 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, 633.440, 633.666
2023 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.
A notice of disallowance under section 633.439 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.
[C66, 71, 73, 75, 77, 79, 81, §633.440]
99 Acts, ch 56, §5; 2021 Acts, ch 23, §2; 2022 Acts, ch 1021, §164
Referred to in §633.417, 633.432, 633.666
Section amended
2023 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
2023 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, the claim shall be deemed disallowed, and shall be forever barred.
[C66, 71, 73, 75, 77, 79, 81, §633.442]
2021 Acts, ch 23, §3
Referred to in §633.417, 633.432, 633.443, 633.666
2023 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.
[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]
2021 Acts, ch 23, §4
Referred to in §633.417, 633.432, 633.666
2023 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.
The personal representative shall file a pre-answer motion or answer to a claim within twenty days from the filing of the request for hearing on the 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]
2021 Acts, ch 23, §5
Referred to in §633.417, 633.432, 633.666
2023 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
2023 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
2023 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 stated in section 631.1, subsection 1, 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; 2021 Acts, ch 23, §6
Referred to in §633.417, 633.432, 633.666
See
R.C.P. 1.902
2023 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. The judgment against any interested party may be deducted from any amounts the estate owes to the interested party.
[C66, 71, 73, 75, 77, 79, 81, §633.448]
2021 Acts, ch 23, §7; 2022 Acts, ch 1032, §101
Referred to in §633.417, 633.432, 633.666
Section amended
2023 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
2023 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
2023 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
2023 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]
2023 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.475 - Compromise of personal taxes.

633.475 Compromise of personal taxes.
For the purpose of facilitating the speedy settlement and distribution of estates, the county treasurer of such county, by and with the consent of the board of supervisors may compromise and agree upon the amount of personal taxes at any time due or to become due the county from an estate, and payment in accordance with such compromise or agreement shall be for the satisfaction of all taxes in such estate matter. No compensation shall be allowed any person because of such compromise or agreement.
[C39, §12781.1, 12781.2; C46, 50, 54, 58, 62, §682.35, 682.36; C66, 71, 73, 75, 77, 79, 81, §633.475]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.476 - Action against distributees — costs — tender.

633.476 Action against distributees — costs — tender.
In an action against the distributees, where the judgment is to be against them in proportion to the respective amounts received by them from the estate, costs awarded against them shall be in like proportion, and anyone may tender the amount due from that distributee to the plaintiff, which shall have the same effect, as far as the distributee is concerned, as though that distributee were the sole defendant.
[C51, §1440, 1441; R60, §2465, 2466; C73, §2485, 2486; C97, §3408; C24, 27, 31, 35, 39, §12060; C46, 50, 54, 58, 62, §638.20; C66, 71, 73, 75, 77, 79, 81, §633.476]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.477 - Final report.

633.477 Final report.
Each personal representative shall, in the personal representative’s final report, set forth:
1. An accurate description of all the real estate of which the decedent died seized, stating the nature and extent of the decedent’s interest therein, which has not been sold and conveyed by the personal representative.
2. Whether the deceased died testate or intestate.
3. The name and place of residence of the surviving spouse, or that none survived the deceased.
4. In intestate estates, the name and place of residence of each of the heirs and their relationship to the deceased.
5. In testate estates, the name and place of residence of each of the devisees and their relationship to the deceased, and the name and residence of after-born children, if any, as defined in section 633.267.
6. Whether any legacy or devise remains a charge on the real estate, and, if so, the nature and amount thereof.
7. Whether any distributee is under any legal disability.
8. The name of the conservator or trustee for any distributee, and the court from which the letters were issued.
9. An accounting of all property coming into the hands of the personal representative and a detailed accounting of all cash receipts and disbursements. The accounting may be omitted if waived by all interested parties.
10. A statement as to whether or not all statutory requirements pertaining to taxes have been complied with including whether the federal estate tax due has been paid, whether a lien continues to exist for any federal estate tax, and whether inheritance tax was paid or a return was filed in this state.
11. Upon the request of the personal representative, an itemization of services performed, time spent for such services, and responsibilities assumed by the personal representative’s attorney for all estates of decedents dying after January 1, 1981. If the itemization is not included, there shall be set forth a statement that the personal representative was informed of the provisions of this subsection and did not request the itemization.
12. A statement as to whether all statutory requirements pertaining to claims have been complied with and a statement as to whether all claims, including charges, have been paid and whether a lien continues to exist on any property as security for any claim.
13. A statement as to whether the decedent left any genetic material, and if the decedent left genetic material, if the personal representative has reserved sufficient estate assets to fund the distribution to which posthumous heirs, if any, would be entitled to receive; that the personal representative will wait until two years after the decedent’s date of death to make final distributions; and that the personal representative will submit a supplemental report after such final distributions have been made.
[C73, §2491; C97, §3412; C24, 27, 31, 35, 39, §12071; C46, 50, 54, 58, 62, §638.34; C66, 71, 73, 75, 77, 79, 81, §633.477]
87 Acts, ch 54, §1; 89 Acts, ch 35, §8; 2005 Acts, ch 38, §28; 2011 Acts, ch 18, §4
Referred to in §633.479
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.478 - Notice of application for discharge.

633.478 Notice of application for discharge.
A personal representative shall not be discharged from further duty or responsibility upon final settlement until notice of the final report or of an application for discharge has been served upon all persons interested, in accordance with section 633.40, unless notice is waived. An order prescribing notice may be made before or after the filing of the final report.
[C97, §3422; C24, 27, 31, 35, 39, §12073; C46, 50, 54, 58, 62, §638.36; C66, 71, 73, 75, 77, 79, 81, §633.478; 81 Acts, ch 193, §5]
Referred to in §633.479
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.479 - Discharge.

633.479 Discharge.
1. Upon final settlement of an estate, an order shall be entered discharging the personal representative from further duties and responsibilities. The order approving the final report shall constitute a waiver of the omission from the final report of any of the recitals required in section 633.477.
2. a. An order approving the final report and discharging the personal representative shall not be required if all of the following apply:
(1) All distributees otherwise entitled to notice are adults and are under no legal disability.
(2) All distributees have signed waivers of notice as provided in section 633.478.
(3) All distributees have signed statements of consent agreeing that the prayer of the final report shall constitute an order approving the final report and discharging the personal representative.
(4) All of the statements of consent are dated not more than thirty days prior to the date of the final report.
(5) Compliance with sections 422.27 and 450.58 have been fulfilled .
(6) Any required receipts, sworn statements, and certificates are on file.
b. If the requirements of paragraph “a” have been met, final order shall not be required and the prayer of the final report shall be considered as granted and shall have the same force and effect as an order of discharge of the personal representative and an order approving the final report.
[C51, §1434; R60, §2459; C73, §2476; C97, §3400; C24, 27, 31, 35, 39, §12052; C46, 50, 54, 58, 62, §638.12; C66, 71, 73, 75, 77, 79, 81, §633.479]
83 Acts, ch 44, §1; 2003 Acts, ch 151, §54; 2004 Acts, ch 1073, §50; 2019 Acts, ch 59, §219
Referred to in §633.480
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.480 - Certificate to county recorder for tax purposes with administration.

633.480 Certificate to county recorder for tax purposes with administration.
After discharge as provided in section 633.479, the personal representative shall deliver to the county recorder of the county in which the real estate is situated a certificate pertaining to each parcel of real estate described in the final report of the personal representative which has not been sold by the personal representative. The certificate shall include the name and complete mailing address, as shown on the final report, of the individual or entity in whose name each parcel of real estate is to be taxed. The county recorder shall deliver the certificate to the county auditor as provided in section 558.58.
[C66, 71, 73, 75, 77, 79, 81, §633.480; 82 Acts, ch 1054, §2, ch 1118, §1]
84 Acts, ch 1221, §7; 91 Acts, ch 116, §19; 2001 Acts, ch 45, §10; 2003 Acts, ch 151, §55
Referred to in §633.481, 635.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.481 - Certificate to county recorder for tax purposes without administration.

633.481 Certificate to county recorder for tax purposes without administration.
When an inventory or report is filed under section 450.22, without administration of the estate of the decedent, the heir or heir’s attorney shall prepare and deliver to the county recorder of the county in which the real estate is situated a certificate pertaining to each parcel of real estate described in the inventory or report. Any fees for certificates or recording fees required by this section or section 633.480 shall be assessed as costs of administration. The fees for recording and indexing the instrument shall be as provided in section 331.604. The county recorder shall deliver the certificates to the county auditor as provided in section 558.58.
[C66, 71, 73, 75, 77, 79, 81, §633.481; 82 Acts, ch 1054, §3]
84 Acts, ch 1221, §8; 86 Acts, ch 1079, §6; 90 Acts, ch 1081, §4; 2003 Acts, ch 151, §56; 2009 Acts, ch 27, §37
Referred to in §635.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.487 - Limitation on rights.

633.487 Limitation on rights.
No person, having been served with notice of the hearing upon the final report and accounting of a personal representative or having waived such notice, shall, after the entry of the final order approving the same and discharging the said personal representative, have any right to contest, in any proceeding, other than by appeal, the correctness or the legality of the inventory, the accounting, distribution, or other acts of the personal representative, or the list of heirs set forth in the final report of the personal representative, provided, however, that nothing contained in this section shall prohibit any action against the personal representative and the personal representative’s surety under the provisions of section 633.186 on account of any fraud committed by the personal representative.
[C97, §3422; C24, 27, 31, 35, 39, §12073; C46, 50, 54, 58, 62, §638.36; C66, 71, 73, 75, 77, 79, 81, §633.487]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.488 - Reopening settlement.

633.488 Reopening settlement.
Whenever a final report has been approved and a final accounting has been settled in the absence of any person adversely affected and without notice to the person, the hearing on such report and accounting may be reopened at any time within five years from the entry of the order approving the same, upon the application of such person, and, upon a hearing, after such notice as the court may prescribe to be served upon the personal representative and the distributees, the court may require a new accounting, or a redistribution from the distributees. In no event, however, shall any distributee be liable to account for more than the property distributed to that distributee. If any property of the estate shall have passed into the hands of good faith purchasers for value, the rights of such purchasers shall not, in any way, be affected.
[C51, §1431; R60, §2456; C73, §2475; C97, §3399; C24, 27, 31, 35, 39, §12051; C46, 50, 54, 58, 62, §638.11; C66, 71, 73, 75, 77, 79, 81, §633.488]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.489 - Reopening administration.

633.489 Reopening administration.
Upon the petition of any interested person, the court may, with such notice as it may prescribe, order an estate reopened if other property be discovered, if any necessary act remains unperformed, or for any other proper cause appearing to the court. It may reappoint the personal representative, or appoint another personal representative, to administer any additional property or to perform other such acts as may be deemed necessary. The provisions of law as to original administration shall apply, insofar as applicable, to accomplish the purpose for which the estate is reopened, but a claim which is already barred can, in no event, be asserted in the reopened administration.
[S13, §3305; C24, 27, 31, 35, 39, §11892; C46, 50, 54, 58, 62, §633.48; C66, 71, 73, 75, 77, 79, 81, §633.489]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.495 - Admission of wills of nonresidents.

633.495 Admission of wills of nonresidents.
A will of a nonresident of this state, not probated in any other state or county, may be admitted to probate in any county of this state where either real or personal property of the deceased nonresident is located.
[C66, 71, 73, 75, 77, 79, 81, §633.495]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.496 - Foreign probated wills.

633.496 Foreign probated wills.
A will probated in any other state or country shall be admitted to probate in this state upon the production of a copy thereof and of the original record of probate, authenticated by the certificate of the clerk of the court in which such probation was made, or, if there be no clerk, then by the certificate of the judge of such court, and by the seal of office of such officer if the officer or office has a seal.
[C51, §1296; R60, §2328; C73, §2351; C97, §3294; C24, 27, 31, 35, 39, §11877; C46, 50, 54, 58, 62, §633.33; C66, 71, 73, 75, 77, 79, 81, §633.496]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.497 - Foreign wills as a muniment of title.

633.497 Foreign wills as a muniment of title.
After the expiration of the five-year period from the date of the death of the decedent, an exemplified copy of a will which has not been denied probate in Iowa, and of the order admitting it to probate in a foreign state or country, may be recorded in the office of the county recorder of any county where real estate owned by the testator is located. The record of such a will and of the order admitting the will to probate shall operate to dispose of said property as though said will had been admitted to probate in this state. Nothing contained in this section shall operate to defeat the rights, acquired prior to such record, of purchasers for value whose rights are shown of record.
[C66, 71, 73, 75, 77, 79, 81, §633.497]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.498 - Foreign wills — procedure.

633.498 Foreign wills — procedure.
All provisions of law relating to the carrying of domestic wills into effect after their probate shall apply, so far as applicable, to foreign wills admitted to probate in this state.
[C73, §2352; C97, §3295; C24, 27, 31, 35, 39, §11878; C46, 50, 54, 58, 62, §633.34; C66, 71, 73, 75, 77, 79, 81, §633.498]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.500 - Appointment of foreign administrator.

633.500 Appointment of foreign administrator.
Notwithstanding any other provision of this probate code, if administration of the estate of a deceased intestate nonresident has been granted in accordance with the law of the state where the nonresident resided, the duly qualified administrator of the estate of the nonresident may upon application be appointed administrator in this state, unless another has already been appointed and provided that a resident administrator be appointed to serve with the nonresident administrator; provided further, however, that for good cause shown, the court may appoint the nonresident administrator to act alone without the appointment of a resident administrator.
[C51, §1309; R60, §2341; C73, §2368; C97, §3306; C24, 27, 31, 35, 39, §11894; C46, 50, 54, 58, 62, §633.50; C66, 71, 73, 75, 77, 79, 81, §633.500]
2005 Acts, ch 38, §51
Referred to in §633.501
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.501 - Application for appointment of foreign administrator.

633.501 Application for appointment of foreign administrator.
The application for any such appointment under section 633.500 shall contain the name and address of the foreign administrator and of the resident administrator, if any, to be appointed, and shall be accompanied by a certificate of the clerk of the court of original jurisdiction certifying that such estate is under administration, and a certification of the original letters or other authority authorizing the nonresident administrator to act in that estate.
[C66, 71, 73, 75, 77, 79, 81, §633.501]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.502 - Appointment of foreign fiduciary.

633.502 Appointment of foreign fiduciary.
Notwithstanding any other provision of this probate code, the duly qualified fiduciary under a will admitted to probate in another state, may upon application be appointed fiduciary in this state, after said will has been admitted to probate in this state, provided that a resident fiduciary be appointed to serve with the nonresident fiduciary; provided further, however, that, for good cause shown, the court may appoint, the nonresident fiduciary to act alone without the appointment of a resident fiduciary.
[C51, §1310; R60, §2342; C73, §2369; C97, §3306; C24, 27, 31, 35, 39, §11895; C46, 50, 54, 58, 62, §633.51; C66, 71, 73, 75, 77, 79, 81, §633.502]
2005 Acts, ch 38, §51
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.503 - Application for appointment of foreign executor or trustee.

633.503 Application for appointment of foreign executor or trustee.
The application for appointment of a nonresident executor or trustee shall include the name and address of the nonresident executor or trustee, and the name and address of the resident executor or trustee, if any, to be appointed. It shall be accompanied by a certificate of the clerk of the foreign court granting the original letters or other authority conferring the power upon the nonresident executor or trustee to act as such. The application shall also state the cause for the appointment of the nonresident executor or trustee to act as the sole executor or trustee, if such appointment is desired. When the will has not been admitted to probate in any other state, the application shall include the name and address of the executor or trustee, if any, named in the will of the nonresident, and of the resident executor or trustee to be appointed.
[C66, 71, 73, 75, 77, 79, 81, §633.503]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.504 - Removal of property — payment of claims.

633.504 Removal of property — payment of claims.
In all estates of nonresidents, being administered in this state, the court may require payment of all claims filed and allowed belonging to residents of this state, and all legacies or distributive shares payable to residents of this state, before allowing any of the property in the estate to be removed from the state.
[C97, §3306; C24, 27, 31, 35, 39, §11896; C46, 50, 54, 58, 62, §633.52; C66, 71, 73, 75, 77, 79, 81, §633.504]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.510 - Administration authorized — petition.

633.510 Administration authorized — petition.
Administration may be had upon the estate of an absentee. A petition therefor must be filed in the office of the clerk and must allege:
1. Whether the absentee was a resident or a nonresident of this state, and the absentee’s address at the absentee’s last known domicile; that the absentee has, without known cause, left the absentee’s usual place of residence, and concealed the absentee’s whereabouts from the absentee’s family, for a period of five years.
2. That the said absentee has property in this state, describing it with reasonable certainty, all or part of which is situated in the county in which the petition is filed.
3. The names of the persons, so far as known to the petitioner, who would be entitled to share in the estate of the absentee if the absentee were dead.
4. In the case of a nonresident, whether administration upon the estate has been granted in the state of last known domicile.
5. Facts showing that the petitioner is a party who would be entitled to administer the estate of the said absentee in case the absentee were known to be dead.
[C97, §3307; S13, §3307; C24, 27, 31, 35, 39, §11901; C46, 50, 54, 58, 62, §634.1; C66, 71, 73, 75, 77, 79, 81, §633.510]
2014 Acts, ch 1026, §130
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.511 - Notice.

633.511 Notice.
Upon filing of such petition, the court shall, by a proper order, prescribe the notice and the return day therein, which shall be addressed to and served upon such absentee and the alleged distributees of the absentee’s estate.
[C97, §3307; S13, §3307; C24, 27, 31, 35, 39, §11902; C46, 50, 54, 58, 62, §634.2; C66, 71, 73, 75, 77, 79, 81, §633.511]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.512 - Service.

633.512 Service.
Said notice shall in all cases be served:
1. By publication in the county in which the petition is filed, once each week for three consecutive weeks, in a newspaper designated by the court; and
2. Upon all the alleged distributees of the estate of said absentee by ordinary mail addressed to them at their last known address.
[C97, §3307; S13, §3307; C24, 27, 31, 35, 39, §11903; C46, 50, 54, 58, 62, §634.3; C66, 71, 73, 75, 77, 79, 81, §633.512]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.513 - Proof of service — filing.

633.513 Proof of service — filing.
Proof of the publication and service of such notice shall be filed with the clerk aforesaid on or before the day set for hearing.
[C97, §3307; S13, §3307; C24, 27, 31, 35, 39, §11904; C46, 50, 54, 58, 62, §634.4; C66, 71, 73, 75, 77, 79, 81, §633.513]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.514 - Hearing — continuance — orders.

633.514 Hearing — continuance — orders.
If, on the day set for hearing, the absentee fails to appear, the court shall appoint some disinterested person as guardian ad litem to appear for the absentee and all distributees not appearing, and said cause shall thereupon stand continued for twenty days. The guardian ad litem shall be a practicing attorney. The court shall have authority to make further continuance upon proper showing. The guardian ad litem shall investigate the matter and things alleged in the petition. Upon the further hearing, the court shall hear the proofs, and, if satisfied of the truth of the allegations of the petition, shall enter an order establishing the death of the absentee as a matter of law.
[C97, §3307; S13, §3307; C24, 27, 31, 35, 39, §11905; C46, 50, 54, 58, 62, §634.5; C66, 71, 73, 75, 77, 79, 81, §633.514]
90 Acts, ch 1271, §1514
Referred to in §633.515
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.515 - Administration.

633.515 Administration.
Upon the entry of such further order under section 633.514, administration of the estate of such absentee, whether testate or intestate, shall proceed as provided herein for the administration of the estates of other decedents, notwithstanding the provisions of section 633.330.
[S13, §3307, 3307-a; C24, 27, 31, 35, 39, §11906 – 11910; C46, 50, 54, 58, 62, §634.6 – 634.10; C66, 71, 73, 75, 77, 79, 81, §633.515]