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ESTATES OF ABSENTEES

Iowa Code tit. XV, ch. 633, subch. IX
in effect

Iowa Code § 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

Iowa Code § 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]

Iowa Code § 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]

Iowa Code § 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]

Iowa Code § 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

Iowa Code § 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]

Iowa Code § 633.516 Rights of absentee barred — sale by spouse.

633.516. Rights of absentee barred — sale by spouse. An order establishing the death of an absentee forever bars the rights of homestead and distributive share of the absentee, and the absentee’s interest in and to any real estate owned or held by the spouse of the absentee, and in which the spouse may have a legal or equitable interest. Conveyance of any such real estate by the spouse, after four months from date of publication of second notice of the appointment of a personal representative, is free and clear of any claim or right of homestead or distributive share on the part of the absentee. [S13, §3307-b; C24, 27, 31, 35, 39, §11911; C46, 50, 54, 58, 62, §634.11; C66, 71, 73, 75, 77, 79, 81, §633.516] 84 Acts, ch 1080, §14

Iowa Code § 633.517 Missing soldiers or sailors — presumption of death.

633.517. Missing soldiers or sailors — presumption of death. 1. A written finding of presumed death, made by the secretary of defense, or other officer or employee of the United States authorized to make such finding, pursuant to the federal Missing Persons Act, 56 Stat. 143, 1092, and Pub. L. No. 408, Ch. 371, 2d Session 78th Congress codified at 10 U.S.C. §1501 et seq., as now or hereafter amended, or a duly certified copy of such a finding, shall be received in any court, office, or other place in this state, as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of the disappearance. 2. An official written report or record, or a duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized by the Act referred to in subsection 1 of this section, or by any other law of the United States, to make such a report or record, shall be received in any court, office or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, as the case may be. 3. For the purposes of subsections 1 and 2 of this section, any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said subsections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing the same shall prima facie be deemed to have acted within the scope of the person’s authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of the person’s authority so to certify. [C46, 50, 54, 58, 62, §634.12; C66, 71, 73, 75, 77, 79, 81, §633.517] 2010 Acts, ch 1061, §77; 2015 Acts, ch 29, §108

Iowa Code § 633.518 Presumption of death — petition and inquiry.

633.518. Presumption of death — petition and inquiry. If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after a diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding the disappearance afford reasonable grounds for the belief that the person has suffered death from accidental or other violent means, the judge or magistrate shall summon and impanel a jury of six qualified persons to inquire into the facts surrounding and the presumption to be raised from the disappearance. If no one submits a petition within forty days of the reported disappearance, a judge or magistrate may submit the petition from personal knowledge of the case. 2002 Acts, ch 1108, §28

Iowa Code § 633.519 Presumption of death — verdict and entry of order.

633.519. Presumption of death — verdict and entry of order. If a jury in an inquiry regarding the disappearance of an individual renders a unanimous verdict in writing that sufficient evidence has been presented to them from which it fairly may be presumed that the missing person has met death, and if the judge or magistrate concurs in the verdict, then, after a period of six months has elapsed, the person shall be presumed to be dead and the judge or magistrate shall enter an order to that effect. However, in cases where there is clear and convincing evidence of the presumed death, the judge or magistrate may enter the order prior to the elapsing of the six-month period. 2002 Acts, ch 1108, §29

Iowa Code § 633.520 Presumption of death — natural or man-made disaster.

633.520. Presumption of death — natural or man-made disaster. A written finding of presumed death of a person resulting from a natural or man-made disaster, made by a local, state, or federal officer or employee authorized to make such a finding, or a duly certified copy of such a finding, shall be received by a judge or magistrate as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of the disappearance. Upon receipt of such evidence the judge or magistrate may enter an order of presumption of death of the person. Upon presentation of a certified court order, a certificate of death shall be filed pursuant to section 144.26. 2002 Acts, ch 1108, §30
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633&year=2026Fetched: 10/20/2026

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