reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 630 - PROCEEDINGS AUXILIARY TO EXECUTION › Section 630.19 - Surrender of property enforced.

630.19 Surrender of property enforced.
The court shall enforce the surrender of the money or securities therefor, or of any other property of the defendant in the execution, which may be discovered in the action, and for this purpose may commit to jail any defendant or garnishee failing or refusing to make such surrender until it shall be done, or the court is satisfied that it is out of the defendant’s or garnishee’s power to do so.
[R60, §3395; C73, §3153; C97, §4090; C24, 27, 31, 35, 39, §11818; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §630.19]
Analogous provision, §680.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.2 - Jurisdiction and procedures.

631.2 Jurisdiction and procedures.
1. The district court sitting in small claims shall exercise the jurisdiction conferred by this chapter, and shall determine small claims according to the statutes and the rules prescribed by this chapter. Except when transferred from the small claims docket as provided in section 631.8, small claims may be tried by a judicial magistrate, a district associate judge, or a district judge.
2. The clerk of the district court shall maintain a separate small claims docket which shall contain all matters relating to small claims which are required by section 602.8104, subsection 2, paragraph “e”, to be contained in a combination docket.
3. Statutes and rules relating to venue and jurisdiction shall apply to small claims, except that a provision of this chapter which is inconsistent therewith shall supersede that statute or rule.
[C73, §631.2, 631.3; C75, 77, 79, 81, §631.2]
83 Acts, ch 101, §124; 83 Acts, ch 186, §10116, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.3 - Commencement of actions — clerk to furnish forms — subpoena.

631.3 Commencement of actions — clerk to furnish forms — subpoena.
1. All actions shall be commenced by the filing of an original notice with the clerk. At the time of filing, the clerk shall enter on the original notice and the copies to be served, the file number and the date the action is filed.
2. The clerk shall furnish standard forms as provided in section 631.15, as such pleadings may be required. The clerk may furnish information to any party to enable the party to complete a form.
3. The clerk shall cause to be entered upon each copy of the original notice and in the docket the time within which the defendant is required to appear, which time shall be determined in accordance with section 631.4.
4. Upon the request of a party to the action, the clerk or a judicial officer shall issue subpoenas for the attendance of witnesses at a hearing. Sections 622.63 through 622.67, 622.69, 622.76, and 622.77 apply to subpoenas issued pursuant to this chapter.
[C73, §631.3, 631.5; C75, 77, 79, 81, §631.3]
83 Acts, ch 186, §10117, 10201; 84 Acts, ch 1322, §1; 2021 Acts, ch 80, §359
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.5 - Appearance — default.

631.5 Appearance — default.
This section applies to all small claims except actions for forcible entry and detainer pursuant to chapter 648 and actions for abandonment of mobile homes or personal property pursuant to chapter 555B.
1. Appearance. A defendant may appear in person or by attorney, and by the denial of a claim a defendant does not waive any defenses.
2. Hearing set. If all defendants either have entered a timely appearance or have defaulted, the clerk shall assign a contested claim to the small claims calendar for hearing at a place and time certain. The time of hearing shall be not less than five days nor more than twenty days after the latest timely appearance, unless otherwise ordered by the court. The clerk shall transmit the original notice and all other papers relating to the case to the judicial officer to whom the case is assigned, and copies of all papers so transmitted shall be retained in the clerk’s office.
3. Partial service. If the plaintiff has joined more than one defendant, and less than all defendants are served with notice as determined by subsection 4, the plaintiff may elect to proceed against all defendants served or may elect to have a continuance, issuable by the clerk, to a date certain not more than sixty days thereafter. If the plaintiff elects to proceed, the action shall be dismissed without prejudice as against each defendant not served with notice.
4. Return of service. Proper notice shall be established by a signed return receipt or a return of service as provided in
rule of civil procedure 1.308
.
5. Notification to parties. When a small claim is set for hearing the clerk immediately shall notify by ordinary mail each party or the attorney representing the party, and the judicial officer to whom the action is assigned, of the date, time and place of hearing.
6. Default. If a defendant fails to appear and the clerk in accordance with subsection 4 determines that proper notice has been given, judgment shall be rendered against the defendant by the clerk if the relief is readily ascertainable. If the relief is not readily ascertainable the claim shall be assigned to a judicial magistrate for determination.
[C75, 77, 79, 81, §631.5]
84 Acts, ch 1322, §3, 4; 93 Acts, ch 154, §21; 2003 Acts, ch 151, §49; 2004 Acts, ch 1101, §86
Referred to in §631.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.6 - Fees and costs.

631.6 Fees and costs.
1. The clerk of the district court shall collect the following fees and costs in small claims actions, which shall be paid in advance and assessed as costs in the action:
a. Fees for filing and docketing shall be ninety-five dollars.
b. Fees for service of notice on nonresidents are as provided in section 617.3.
c. Postage charged for the mailing of original notice shall be twenty dollars.
d. Fees for personal service by peace officers or other officials of the state are the amounts specified by law.
2. The amounts collected for filing and docketing shall be distributed as provided in section 602.8108.
[C73, §631.5, 631.6; C75, 77, 79, 81, §631.6; 81 Acts, ch 189, §5, 7]
83 Acts, ch 63, §2, 3, 4; 83 Acts, ch 101, §125; 83 Acts, ch 186, §10118, 10201; 85 Acts, ch 195, §59; 85 Acts, ch 197, §37, 38; 88 Acts, ch 1258, §2; 89 Acts, ch 83, §84; 91 Acts, ch 116, §18; 91 Acts, ch 218, §26; 91 Acts, ch 219, §34; 94 Acts, ch 1074, §10; 2002 Acts, ch 1126, §3; 2003 Acts, ch 151, §50; 2006 Acts, ch 1144, §9; 2009 Acts, ch 179, §63, 72; 2020 Acts, ch 1074, §30, 93
Referred to in §602.8105, 602.9104A
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.7 - Parties, pleadings, and motions.

631.7 Parties, pleadings, and motions.
1. Except as specifically provided in this chapter, there shall be no written pleadings or motions unless the court in the interests of justice permits them, in which event they shall be similar in form to the original notice.
2. Motions, except a motion under
rule of civil procedure 1.246
, shall be heard only at the time set for a hearing on the merits.
3. Except as provided in section 631.8, subsection 4, a counterclaim, cross-petition or intervention shall be in writing and in the form promulgated under section 631.15. Copies shall be submitted for each party appearing, and shall be mailed by ordinary mail to those parties by the clerk. A cross-petition against persons not a party to the action shall be made pursuant to
rule of civil procedure 1.246
and the new party shall be served with notice as provided in this chapter.
4. The rules of civil procedure pertaining to actions, joinder of actions, parties and intervention shall apply to small claims actions, except that
rule of civil procedure 1.241
shall not apply. No counterclaim is necessary to assert an offset arising out of the subject matter of the plaintiff’s claim. A counterclaim, cross-petition, or intervention against an existing party is deemed denied and no responsive pleading by such party is required.
[C73, §631.7, 631.8; C75, 77, 79, 81, §631.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.8 - Procedure.

631.8 Procedure.
1. Small claims not determined within ninety days following the expiration of any period of continuance or following the last entry placed on the record for that action shall be dismissed by the clerk without prejudice.
2. In small claims actions, if a party joins a small claim with one which is not a small claim, the court shall:
a. Order the small claim to be heard under this chapter and dismiss the other claim without prejudice, or
b. As to parties who have appeared or are existing parties, either order the small claim to be heard under this chapter and the other claim to be tried by regular procedure or order both claims to be tried by regular procedure.
3. If commenced as a regular civil action or under the statutes relating to probate proceedings, a small claim shall be transferred to the small claims docket. A small claim commenced as a regular action shall not be dismissed but shall be transferred to the small claims docket. Civil and probate actions not small claims but commenced under this chapter shall be dismissed without prejudice except for defendants who have appeared, as to whom such actions shall be transferred to the combination or probate docket, as appropriate.
4. In small claims actions, a counterclaim, cross claim, or intervention in a greater amount than that of a small claim shall be in the form of a regular pleading. A copy shall be filed for each existing party. New parties, when permitted by order, may be brought in under
rule of civil procedure 1.246
and shall be given notice under the rules of civil procedure pertaining to commencement of actions. The court shall either order such counterclaim, cross claim, or intervention to be tried by regular procedure and the other claim to be heard under this chapter, or order the entire action to be tried by regular procedure.
5. In regular action, when a party joins a small claim with one which is not a small claim, regular procedure shall apply to both unless the court transfers the small claim to the small claims docket for hearing under this chapter.
6. In regular actions, a counterclaim, cross claim, or intervention in the amount of a small claim shall be pleaded, tried, and determined by regular procedure, unless the court transfers the small claim to the small claims docket for hearing under this chapter.
7. Pleadings which are not in correct form under this section shall be ordered amended so as to be in correct form; but a small claim which is proceeding under this chapter need not be amended although in the form of a regular pleading.
8. Copies of any papers filed by the parties which are not required to be served, shall be mailed or delivered by the clerk as provided in
rule of civil procedure 1.442
.
[C73, §631.2, 631.8; C75, 77, 79, 81, §631.8]
2013 Acts, ch 30, §162; 2014 Acts, ch 1092, §136; 2020 Acts, ch 1063, §332
Referred to in §631.2, 631.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.9 - Jurisdiction determined.

631.9 Jurisdiction determined.
At the time set for the hearing of a small claim, the court first shall determine that proper notice as provided in section 631.5, subsection 4, has been given a party before proceeding further as to that party, unless the party has appeared or is an existing party, and also shall determine that the action is properly brought as a small claim.
[C73, 75, 77, 79, 81, §631.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.10 - Failure to appear — effect.

631.10 Failure to appear — effect.
Unless good cause to the contrary is shown, if the parties fail to appear at the time of hearing the claim shall be dismissed without prejudice by the court; if the plaintiff fails to appear but the defendant appears, the claim shall be dismissed with prejudice by the court with costs assessed to the plaintiff; and if the plaintiff appears but the defendant fails to appear, judgment may be rendered against the defendant by the court. The filing by the plaintiff of a verified account, or an instrument in writing for the payment of money with an affidavit the same is genuine, shall constitute an appearance by plaintiff for the purpose of this section.
[C73, 75, 77, 79, 81, §631.10]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.11 - Hearing.

631.11 Hearing.
1. Informality. The hearing shall be to the court, shall be simple and informal, and shall be conducted by the court itself, without regard to technicalities of procedure.
2. Evidence. The court shall swear the parties and their witnesses, and examine them in such a way as to bring out the truth. The parties may participate, either personally or by attorney. The court may continue the hearing from time to time and may amend new or amended pleadings, if justice requires.
3. Record. Upon the trial, the judicial magistrate shall make detailed minutes of the testimony of each witness and append the exhibits or copies thereof to the record. The proceedings upon trial shall not be reported by a certified court reporter, unless the party provides the reporter at such party’s expense. If the proceedings are not reported by a certified court reporter, the magistrate shall cause the proceedings upon trial to be recorded electronically, and both parties shall be notified in advance of that recording. If the proceedings have been recorded electronically, the recording shall be retained under the jurisdiction of the magistrate unless appealed, and upon appeal shall be transcribed only by a person designated by the court under the supervision of the magistrate.
4. Judgment. Judgment shall be rendered, based upon applicable law and upon a preponderance of the evidence.
5. Destruction of recordings. Unless an appeal is taken, an electronic recording of a proceeding in small claims shall be retained until the time for appeal has expired as specified in section 631.13. Thereafter, the magistrate may direct that the recording tape or other device be erased and used for subsequent recordings. If the proceeding is appealed, the recording may be erased following entry of judgment by the district judge hearing the appeal.
[C73, 75, 77, 79, 81, §631.11]
2009 Acts, ch 75, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.12 - Entry of judgment — setting aside default judgment.

631.12 Entry of judgment — setting aside default judgment.
1. The clerk shall immediately enter the judgment in the small claims docket and district court lien book, without recording. Relief shall be granted as is appropriate. Upon entering judgment, the court may provide for installment payments to be made directly by the party obligated to the party entitled thereto. If installment payments are ordered, execution shall not issue as long as the payments are made, but execution shall issue for the full unpaid balance of the judgment upon the filing of an affidavit of default. When entered on the small claims docket and district court lien book, a small claims judgment shall constitute a lien to the same extent as regular judgments entered on the district court judgment docket and lien book. However, if a small claims judgment requires installment payments, the judgment shall not be enforceable until an affidavit of default is filed.
2. A defendant may move to set aside a default judgment in the manner provided for doing so in district court by
rule of civil procedure 1.977
.
[C73, 75, 77, 79, 81, §631.12]
84 Acts, ch 1322, §5; 99 Acts, ch 144, §11; 2019 Acts, ch 59, §213
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.13 - Appeals.

631.13 Appeals.
1. Notice. An appeal from a judgment in small claims may be taken by any party by giving oral notice to the court at the conclusion of the hearing, or by filing a written notice of appeal with the clerk within twenty days after judgment is rendered. In either case, the appealing party shall pay to the clerk within that twenty days the usual district court docket fee to perfect the appeal. No appeal shall be taken after twenty days.
2. Stay of judgment. Execution of judgment shall be stayed upon the filing with the clerk of the district court an appeal bond with surety approved by the clerk, in the sum specified in the judgment.
3. Transcript. Within twenty days after an appeal is taken, unless extended by order of a district judge or by stipulation of the parties, any party may file with the clerk as part of the record a transcript of the official report, if any, or in the event the report was made electronically, a transcription of the recording. If a transcription of an electronic recording is filed, the record on appeal shall contain the tape or other medium on which the proceedings were preserved. A transcription of an electronic recording shall be provided any party upon request and upon payment by the party of the actual costs of transcription.
4. Procedure on appeal.
a. (1) The appeal shall be promptly heard upon the record thus filed without further evidence. If the original action was tried by a district judge, the appeal shall be decided by a different district judge. If the original action was tried by a district associate judge, the appeal shall be decided by a district judge. If the original action was tried by a judicial magistrate, the appeal shall be decided by a district judge or a district associate judge. The judge shall decide the appeal without regard to technicalities or defects which have not prejudiced the substantial rights of the parties, and may affirm, reverse, or modify the judgment, or render judgment as the judge or magistrate should have rendered.
(2) If the record, in the opinion of the deciding judge, is inadequate for the purpose of rendering a judgment on appeal, the judge may order that additional evidence be presented relative to one or more issues, and may enter any other order which is necessary to protect the rights of the parties. The judge shall take minutes of any additional evidence, but the hearing shall not be reported by a certified court reporter.
b. Upon entry of judgment the clerk may cause any recording tape or other device contained in the record to be erased for subsequent use.
[C73, 75, 77, 79, 81, §631.13]
84 Acts, ch 1322, §6, 7; 2013 Acts, ch 30, §261
Referred to in §331.307, 364.22, 631.11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.14 - Representation in small claims actions.

631.14 Representation in small claims actions.
1. Actions constituting small claims may be brought or defended by an individual, partnership, association, corporation, or other entity. In actions in which a person other than an individual is a party, that person may be represented by an officer or an employee.
2. a. In actions concerning residential rental property that is titled in the name of one or more individuals, an employee of one or more of the titled owners, or an officer or employee of a property management entity acting on behalf of one or more of the titled owners, may bring or defend an action in the name of the titled owners, the property management entity, or the name by which the property is commonly known.
b. Notwithstanding any other provision to the contrary, if the defendant or plaintiff has been improperly named in the petition in an action concerning residential rental property, the real party in interest shall be substituted at the time the error is identified and the action shall not be dismissed or delayed except to the extent necessary to identify and serve the real parties in interest.
3. A person who in the regular course of business takes assignments of instruments or accounts pursuant to chapter 539, which assignments constitute small claims, may bring an action on an assigned instrument or account in the person’s own name and need not be represented by an attorney, provided that in an action brought to recover payment on a dishonored check or draft, as defined in section 554.3104, the action is brought in the county of residence of the maker of the check or draft or in the county where the draft or check was first presented. Any person, however, may be represented in a small claims action by an attorney.
[C75, 77, 79, 81, §631.14; 82 Acts, ch 1235, §3]
87 Acts, ch 137, §5; 2006 Acts, ch 1185, §87; 2013 Acts, ch 30, §261
Referred to in §625.22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.15 - Standard forms.

631.15 Standard forms.
The supreme court shall prescribe standard forms of pleadings to be used in small claims actions. Standard forms promulgated by the supreme court shall be the exclusive forms used.
[C73, §631.4; C75, 77, 79, 81, §631.15]
83 Acts, ch 101, §126
Referred to in §631.3, 631.7
Forms prescribed by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.16 - Discretionary review.

631.16 Discretionary review.
1. A civil action originally tried as a small claim shall not be appealed to the supreme court except by discretionary review as provided herein.
2. “Discretionary review” is the process by which the supreme court may exercise its discretion, in like manner as under the rules pertaining to interlocutory appeals and certiorari in civil cases, to review specified matters not subject to appeal as a matter of right. The supreme court may adopt additional rules to control access to discretionary review.
3. The party seeking review shall be known as the appellant and the adverse party as the appellee, but the title of the action shall not be changed from that in the court below.
4. The record and case shall be presented to the appellate court as provided by the rules of appellate procedure; and the provisions of law in civil procedure relating to the filing of decisions and opinions of the appellate court shall apply in such cases.
5. The appellate court, after an examination of the entire record, may dispose of the case by affirmation, reversal or modification of the lower court judgment, and may order a new trial.
6. The decision of the appellate court with any opinion filed or judgment rendered must be recorded by the supreme court clerk. Procedendo shall be issued as provided in the rules of appellate procedure.
7. The jurisdiction of the appellate court shall cease when procedendo is issued. All proceedings for executing the judgment shall be had in the trial court or by its clerk.
[C73, §602.71; C75, 77, 79, 81, §631.16]
85 Acts, ch 157, §1, 2
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 631 - SMALL CLAIMS › Section 631.17 - Prohibited practices.

631.17 Prohibited practices.
1. The district court, after due notice and hearing, may bar a person from appearing on the person’s own behalf in any court governed by this chapter on a cause of action purchased by or assigned for collection to that person for any of the following:
a. Falsely holding oneself out as an attorney at law.
b. Repeatedly filing claims for costs allowed under section 625.22 which have been found by the court to have been exaggerated or without merit.
c. A pattern of conduct in violation of chapter 537, article 7.
2. A person barred pursuant to subsection 1 shall not derive any benefit, directly or indirectly, from any case brought pursuant to this chapter within the purview of the order of bar issued by the district court.
3. The district court shall dismiss any pending case based on a cause of action purchased or assigned for collection brought on the person’s own behalf by a person barred pursuant to subsection 1, and shall assess the costs against that person.
4. The district court shall dismiss any case subsequently brought directly or indirectly by a person subject to a bar pursuant to subsection 1 in violation of that subsection and shall assess all costs to that person, and the court shall assess a further civil penalty of one hundred dollars against that person for each such case dismissed.
5. The district court shall retain jurisdiction over a person barred pursuant to subsection 1 and may punish violations of the court’s order of bar as a matter of criminal contempt.
86 Acts, ch 1238, §25; 87 Acts, ch 98, §6; 2011 Acts, ch 25, §72; 2012 Acts, ch 1021, §107
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.2 - How probate code to take effect.

633.2 How probate code to take effect.
1. Effective date. This probate code shall take effect and be in force on and after January 1, 1964. The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this probate code. It shall also govern further procedure in proceedings in probate then pending, except to the extent that, in the opinion of the court, its application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply.
2. Rights not affected. No act done in any proceeding commenced before this probate code takes effect and no accrued or vested right shall be impaired by its provisions. When a right has been acquired, extinguished, or barred upon the expiration of a prescribed period of time governed by the provision of any statute in force before this probate code takes effect, such provision shall remain in force and be deemed a part of this probate code with respect to such right.
[C66, 71, 73, 75, 77, 79, 81, §633.2]
2005 Acts, ch 38, §51
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.11 - Declaratory judgments — determination of heirship — distribution.

633.11 Declaratory judgments — determination of heirship — distribution.
During the administration of an estate, the district court sitting in probate shall have full, legal and equitable powers to make declaratory judgments in all matters involved in the administration of the estate, including those pertaining to the title of real estate, the determination of heirship, and the distribution of the estate. It shall have full, legal and equitable powers to enter final orders and decrees in all probate matters to effectuate its jurisdiction and to carry out its orders, judgments, and decrees.
[C66, 71, 73, 75, 77, 79, 81, §633.11]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.12 - County of jurisdiction.

633.12 County of jurisdiction.
The court of each county shall have original and exclusive jurisdiction to administer the estates of all persons who are residents of the county, or who were residents at the time of their death, and all nonresidents of the state who have property, or who die leaving property in the county subject to administration, or whose property is afterwards brought into the county; to appoint conservators for nonresidents having property in the county; and to appoint conservators and guardians of residents of the county.
[C73, §2312; C97, §225; C24, 27, 31, 35, 39, §10763, 10764; C46, 50, 54, 58, 62, §604.3, 604.4; C66, 71, 73, 75, 77, 79, 81, §633.12]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.13 - Extent of jurisdiction.

633.13 Extent of jurisdiction.
1. The court of the county in which a will is probated, or in which administration, conservatorship or guardianship is granted, shall have jurisdiction coextensive with the state in the settlement of the estate, and in the sale and distribution thereof.
2. A district judge or a district associate judge has statewide jurisdiction to enter orders in probate matters not requiring notice and hearing, although the judge is not a judge of or present in the district in which the probate matter is pending. The orders shall be made in conformity with the rules of the district in which the probate matter is pending.
[R60, §2472; C73, §2319; C97, §3265; C24, 27, 31, 35, 39, §11825; C46, 50, 54, 58, 62, §631.7; C66, 71, 73, 75, 77, 79, 81, §633.13]
83 Acts, ch 186, §10119, 10201; 94 Acts, ch 1122, §2; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.14 - Concurrent jurisdiction.

633.14 Concurrent jurisdiction.
When a case is originally within the jurisdiction of the courts of two or more counties, the court which first takes cognizance of the case by the commencement of the proceedings shall retain jurisdiction throughout the case.
[C51, §1274; R60, §2306; C73, §2318; C97, §3264; C24, 27, 31, 35, 39, §11824; C46, 50, 54, 58, 62, §631.6; C66, 71, 73, 75, 77, 79, 81, §633.14]
2020 Acts, ch 1063, §334
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.16 - Control of probate records.

633.16 Control of probate records.
The court shall have jurisdiction and supervision of the probate records of the clerk, and may direct the destruction of records it deems to be old, obsolete or unnecessary.
[C66, 71, 73, 75, 77, 79, 81, §633.16]
93 Acts, ch 70, §10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.17 - Judge disqualified — procedure.

633.17 Judge disqualified — procedure.
When a judge is disqualified from acting in a probate matter, the matter shall be heard before another judge of the same district, or shall be transferred to the court of another district, or a judge of another district shall be procured to hold court for the hearing of the matter.
[C73, §2317; C97, §3263; C24, 27, 31, 35, 39, §11823; C46, 50, 54, 58, 62, §631.5; C66, 71, 73, 75, 77, 79, 81, §633.17]
83 Acts, ch 186, §10120, 10201
Disqualification of judicial officer, see §602.1606
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.18 - Rules in probate.

633.18 Rules in probate.
1. Actions and proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201.
2. The judicial officers of a judicial district, excluding the magistrates, acting under section 602.1213 may prescribe rules for probate actions and proceedings within the district, but these rules must be consistent with this chapter, and are subject to the approval of the supreme court.
[C66, 71, 73, 75, 77, 79, 81, §633.18]
83 Acts, ch 186, §10121, 10201; 96 Acts, ch 1153, §7
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.19 - Process revoked.

633.19 Process revoked.
Any process or authority emanating from the court in probate matters may for good cause be revoked and a new one issued.
[C51, §1275; R60, §2307; C73, §2320; C97, §3266; C24, 27, 31, 35, 39, §11827; C46, 50, 54, 58, 62, §631.9; C66, 71, 73, 75, 77, 79, 81, §633.19]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.20 - Referee — clerk — associate probate judge.

633.20 Referee — clerk — associate probate judge.
1. The chief judge of the judicial district may appoint a referee in probate for the auditing of the accounts of fiduciaries and for the performance of other ministerial duties the chief judge prescribes. A person shall not be appointed as referee in a matter where the person is acting as a fiduciary or as the attorney.
2. The chief judge of the judicial district may appoint the clerk as referee in probate. In such cases, the fees received by the clerk for serving in the capacity of referee are fees of the office of the clerk of court and shall be deposited in the account established under section 602.8108.
3. A person appointed as an associate probate judge shall have jurisdiction to audit accounts of fiduciaries and to perform ministerial duties as a referee provided in this section and shall have additional jurisdiction to perform the judicial functions provided in section 633.20D.
[C73, §2412; C97, §3393; C24, 27, 31, 35, 39, §12041; C46, 50, 54, 58, 62, §638.1; C66, 71, 73, 75, 77, 79, 81, §633.20]
83 Acts, ch 186, §10122, 10201; 93 Acts, ch 70, §11; 94 Acts, ch 1074, §11; 99 Acts, ch 93, §11; 2000 Acts, ch 1057, §17; 2010 Acts, ch 1159, §13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.20A - Part-time associate probate judge — appointment — removal — qualifications.

633.20A Part-time associate probate judge — appointment — removal — qualifications.
The chief judge of a judicial district may appoint a part-time associate probate judge and may remove the part-time associate probate judge for cause following a hearing. The part-time associate probate judge shall be an attorney admitted to practice law in this state and shall be qualified for the position by training and experience.
99 Acts, ch 93, §12; 2000 Acts, ch 1154, §38
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.20B - Appointment and resignation of full-time associate probate judges.

633.20B Appointment and resignation of full-time associate probate judges.
1. Full-time associate probate judges shall be appointed by the governor from persons nominated by the district judicial nominating commission in the same manner as district judges under chapter 46.
2. A full-time associate probate judge who seeks to resign from the office of full-time associate probate judge shall notify in writing the governor, the chief judge of the judicial district, and the state commissioner of elections as to the full-time associate probate judge’s intention to resign and the effective date of the resignation.
3. When a vacancy occurs or will occur within one hundred twenty days in the office of a full-time associate probate judge, the state commissioner of elections shall forthwith so notify the governor. The governor shall call a meeting of the commission within ten days after such notice. If the governor fails to do so, the chief justice shall call such meeting.
99 Acts, ch 93, §13, 15; 99 Acts, ch 208, §62; 2003 Acts, ch 151, §51, 64; 2022 Acts, ch 1033, §12
Referred to in §602.2301, 602.6113
Section stricken and rewritten
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.20C - Full-time associate probate judges — term, retention, qualifications.

633.20C Full-time associate probate judges — term, retention, qualifications.
1. Full-time associate probate judges shall serve terms and shall stand for retention in office within the judicial election districts of their residences as provided under sections 46.16 through 46.24.
2. A person does not qualify for appointment to the office of full-time associate probate judge unless the person is at the time of appointment licensed to practice law in Iowa and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. A nominee to the office of full-time associate probate judge must reside in the judicial election district to which the nominee is nominated or in a contiguous county to the judicial election district to which the nominee is nominated.
3. A full-time associate probate judge must be a resident of the judicial election district in which the office is held before assuming office and during the entire term of office. A full-time associate probate judge shall serve within the judicial district in which appointed, as directed by the chief judge, and is subject to reassignment under section 602.6108.
4. Full-time associate probate judges shall qualify for office as provided in chapter 63 for district judges.
99 Acts, ch 93, §14, 15; 2022 Acts, ch 1033, §13
Subsections 2 and 3 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.20D - Associate probate judge — jurisdiction — appeals.

633.20D Associate probate judge — jurisdiction — appeals.
1. An associate probate judge shall have the same jurisdiction to conduct probate court proceedings, to issue no-contact or protective orders, injunctions, contempt orders for adults in probate court proceedings, and to issue orders, findings, and decisions as the judge of the probate court. However, the chief judge may limit the exercise of probate court jurisdiction by the associate probate judge.
2. The parties to a proceeding heard by an associate probate judge are entitled to appeal the order, finding, or decision of an associate probate judge, in the manner of an appeal from orders, findings, or decisions of district court judges. An appeal does not automatically stay the order, finding, or decision of an associate probate judge.
2010 Acts, ch 1159, §14
Referred to in §633.20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.21 - Appraisers’ fees and referees’ fees fixed by rule.

633.21 Appraisers’ fees and referees’ fees fixed by rule.
The district judges of each judicial district shall by rule fix the fees of probate referees, and also provide, insofar as practicable, a uniform schedule of compensation for inheritance tax appraisers, other appraisers, brokers, and agents employed at estate expense.
[C66, 71, 73, 75, 77, 79, 81, §633.21]
83 Acts, ch 186, §10123, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.22 - Probate powers of clerk.

633.22 Probate powers of clerk.
The clerk shall have and may exercise within the county all the powers and jurisdiction of the court and of the judge thereof, in the following matters:
1. The examination and approval of all intermediate and interlocutory accounts and reports of fiduciaries under this chapter and converting and closing small estates under chapter 635.
2. The entering of routine scheduling orders in probate matters as established by the chief judge in each judicial district.
[C51, §1276; R60, §2308; C73, §2315, 2321; C97, §250, 3267, 3268; S13, §3268; C24, 27, 31, 35, 39, §11828, 11832, 11838; C46, 50, 54, 58, 62, §631.10, 632.1, 632.7; C66, 71, 73, 75, 77, 79, 81, §633.22]
94 Acts, ch 1050, §1; 2005 Acts, ch 38, §51; 2018 Acts, ch 1027, §1, 8
Referred to in §633.23, 633.25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.23 - Clerk’s actions reviewed.

633.23 Clerk’s actions reviewed.
Any person aggrieved by any order made or entered by the clerk under the powers conferred in section 633.22, subsection 1, may have the same reviewed in court upon motion filed within six months or before the hearing on the final report of the fiduciary, whichever is the earlier, and upon such notice as provided in section 633.40.
[C97, §251; C24, 27, 31, 35, 39, §11834; C46, 50, 54, 58, 62, §632.3; C66, 71, 73, 75, 77, 79, 81, §633.23]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.24 - Docketing and hearing.

633.24 Docketing and hearing.
Upon the filing of such a motion, the clerk shall place the cause or proceeding on the docket without additional docket fee, and the matter shall stand for hearing or trial de novo in open court.
[C97, §251; C24, 27, 31, 35, 39, §11835; C46, 50, 54, 58, 62, §632.4; C66, 71, 73, 75, 77, 79, 81, §633.24]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.25 - Validity of clerk’s orders.

633.25 Validity of clerk’s orders.
Records, orders, and judgments made and entered by the clerk under section 633.22, which have not been reversed, set aside, or modified by the court, shall stand, and shall be of the same force, validity, and effect, and be entitled to the same faith and credit, as if they had been made by the court.
[C97, §252; C24, 27, 31, 35, 39, §11836; C46, 50, 54, 58, 62, §632.5; C66, 71, 73, 75, 77, 79, 81, §633.25]
2019 Acts, ch 59, §214
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.26 - Clerk not to prepare reports.

633.26 Clerk not to prepare reports.
A clerk of the district court or employee of the clerk shall not act as attorney for a fiduciary, or make or assist in making, drafting, or filling out any report of any fiduciary or any other report to be filed in the clerk’s office.
[C97, §252; C24, 27, 31, 35, 39, §11837; C46, 50, 54, 58, 62, §632.6; C66, 71, 73, 75, 77, 79, 81, §633.26]
90 Acts, ch 1233, §38
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.27 - Probate docket.

633.27 Probate docket.
The clerk shall keep an electronic record to be known as the “Probate Docket”, which shall show:
1. The name of every deceased person whose estate is administered or whose will is admitted to probate, and the date of the person’s death.
2. The name of each person as to whom application for conservatorship or guardianship is made.
3. The names of all the heirs in intestate estates and the surviving spouse of such deceased intestate, and whether each person is an adult or a minor and each person’s place of residence, so far as they can be ascertained.
4. The title of each trust described in section 633.10 that has not been released by the court from continuous court supervision.
5. A note of every sale of real estate made under the order of the court.
[C73, §2490; C97, §3411; C24, 27, 31, 35, 39, §11841; C46, 50, 54, 58, 62, §632.10; C66, 71, 73, 75, 77, 79, 81, §633.27]
2005 Acts, ch 38, §9; 2018 Acts, ch 1027, §2, 8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.27A - Docketing guardianship and conservatorship proceedings — applicability of separate reporting requirements.

633.27A Docketing guardianship and conservatorship proceedings — applicability of separate reporting requirements.
When a petition is filed for a conservatorship or guardianship, or a combined petition as provided in section 633.627, the administration thereof shall be treated as one proceeding, with one docket number, from the date of the filing of the petition. The separate reporting requirements for conservatorships and guardianships shall continue to apply in a combined petition. The clerk shall clearly indicate on the docket whether the proceedings are voluntary or involuntary and whether a guardianship, a conservatorship, or combined.
89 Acts, ch 178, §7; 2015 Acts, ch 5, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.31 - Calendar — court costs in probate.

633.31 Calendar — court costs in probate.
1. The clerk shall keep a court calendar, and enter thereon such matters as the court may prescribe.
2. The clerk shall charge and collect the following court costs in connection with probate matters:
a. For services performed in short form probates
pursuant to sections 450.22 and 450.44$ 15.00
b. For services performed in probate of
will without administration $ 15.00
c. For filing and indexing a transcript$ 50.00
d. For taking and approving a bond, or
the sureties on a bond $ 20.00
e. For entering a rule or order $ 10.00
f. For certificate and seal $ 10.00
g. For making a complete record where
real estate is sold per 100 words $ .20
h. For making a transcript or copies of orders or
records filed in the clerk’s office per 100 words $ .50
i. For certifying change of title $ 20.00
j. For issuing commission to appraisers $ 2.00
3. a. For other services performed in a decedent’s estate administered under this chapter or chapter 635, the clerk shall charge and collect court costs equal to two-tenths of one percent of the value of the probate assets listed in the report and inventory.
b. Court costs shall not be charged or collected under this subsection on assets which are not probate assets including but not limited to the following:
(1) Joint tenancy property.
(2) Property transferred during the decedent’s lifetime.
(3) Life insurance, annuities, individual retirement accounts, retirement plans, transfer on death accounts, payable on death accounts, and similar assets payable to beneficiaries other than the estate of the decedent.
(4) Real estate not located in Iowa.
c. Court costs shall not be charged or collected on assets transferred to an estate from a conservatorship that has been administered in the state and for which court costs have been charged and collected from the conservatorship under subsection 4.
4. For other services performed in a conservatorship, the clerk shall charge and collect court costs equal to two-tenths of one percent of the gross value of the assets listed in the inventory minus the value of the life insurance.
5. Court costs collected under this section shall be deposited in the account established under section 602.8108.
[C97, §3269; C24, 27, 31, 35, 39, §11844; C46, 50, 54, 58, 62, §632.13; C66, 71, 73, 75, 77, 79, 81, §633.31]
83 Acts, ch 186, §10124, 10201; 88 Acts, ch 1258, §3; 89 Acts, ch 207, §2; 94 Acts, ch 1074, §12, 13; 96 Acts, ch 1129, §113; 99 Acts, ch 56, §3; 2004 Acts, ch 1120, §7; 2007 Acts, ch 180, §3; 2009 Acts, ch 179, §64, 72; 2021 Acts, ch 160, §1 – 3
2021 amendment applies to conservatorships, court-administered trusts, guardianships, and estates of decedents for which the petition is filed and other probate matters where filings are made and actions are taken on and after January 1, 2022; 2021 Acts, ch 160, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.32 - Delinquent inventories and reports.

633.32 Delinquent inventories and reports.
1. On June 1 and December 1 of each year, the clerk shall notify the fiduciary and the fiduciary’s attorney of any delinquent inventories or reports due by law in any pending estate, trust, guardianship, or conservatorship, and that unless such delinquent inventory or report is filed within sixty days thereafter, the matter shall be reported to the presiding judge. If the delinquent inventory is not filed within the time so specified, the fiduciary will be subject to removal under the provisions of section 633.65 of this Code.
2. On August 1 and February 1 of each year, the clerk shall report to the presiding judge all delinquent inventories or reports in estates, trusts, guardianships, or conservatorships on which such notice has been given and no report or inventory has been filed in response to the notice.
3. The reports required by this section shall indicate thereon all cases in which the attorney, or the fiduciary or the fiduciary’s surety, is deceased, or insolvent, or cannot be found, or has removed from this state, and where it is shown by said reports, or it otherwise appears that there are no known assets belonging to the estate, the judge may, on the judge’s own motion, order said estate closed, and may, in the judge’s discretion, waive costs, or, on reasonable notice to the fiduciary, tax costs against the fiduciary. Such order shall not operate to prevent the reopening of such estate.
[C97, §3269; C24, 27, 31, 35, 39, §11845; C46, 50, 54, 58, 62, §632.14; C66, 71, 73, 75, 77, 79, 81, §633.32]
2000 Acts, ch 1150, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.33 - Nature of proceedings in probate.

633.33 Nature of proceedings in probate.
Actions to set aside or contest wills, for the involuntary appointment of guardians and conservators, and for the establishment of contested claims shall be triable in probate as law actions, and all other matters triable in probate shall be tried by the probate court as a proceeding in equity.
[C66, 71, 73, 75, 77, 79, 81, §633.33]