PROCEDURE IN PROBATE

Iowa Code tit. XV, ch. 633, subch. II, pt. 3

in effect

Iowa Code § 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]

Iowa Code § 633.34 Applicability of rules of civil procedure.

633.34. Applicability of rules of civil procedure. All actions triable in probate shall be governed by the rules of civil procedure, except as provided otherwise in this probate code. [C66, 71, 73, 75, 77, 79, 81, §633.34] 2005 Acts, ch 38, §51

Iowa Code § 633.35 Reports and applications for orders.

633.35. Reports and applications for orders. All petitions, reports, and applications for orders in probate must be in writing, verified, acknowledged or certified, and self-explanatory. If the petition, report, or application is certified, substantially the following language shall be used: I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct. [C97, §3421; C24, 27, 31, 35, 39, §12072; C46, 50, 54, 58, 62, §638.35; C66, 71, 73, 75, 77, 79, 81, §633.35] 89 Acts, ch 35, §1

Iowa Code § 633.36 Orders in probate.

633.36. Orders in probate. All orders and decrees of the court sitting in probate are final decrees as to the parties having notice and those who have appeared without notice. [C66, 71, 73, 75, 77, 79, 81, §633.36]

Iowa Code § 633.37 Orders without notice.

633.37. Orders without notice. All orders entered without notice or appearance are reviewable by the court at any time prior to the entry of the order approving the final report. [C66, 71, 73, 75, 77, 79, 81, §633.37]

Iowa Code § 633.38 Time and place of hearing.

633.38. Time and place of hearing. Except as otherwise provided in this probate code, the hearing of any matter requiring notice shall be had at such time and place as the court may fix. [C73, §2313; C97, §3261; C24, 27, 31, 35, 39, §11820; C46, 50, 54, 58, 62, §631.2; C66, 71, 73, 75, 77, 79, 81, §633.38] 2005 Acts, ch 38, §51

Iowa Code § 633.39 Place of hearing — noncontest or agreement.

633.39. Place of hearing — noncontest or agreement. In cases where no objection, resistance or appearance has been filed, or by agreement, such hearing may be had at any place within the judicial district. [C97, §3261; C24, 27, 31, 35, 39, §11821; C46, 50, 54, 58, 62, §631.3; C66, 71, 73, 75, 77, 79, 81, §633.39]

Iowa Code § 633.40 Notice in probate proceedings.

633.40. Notice in probate proceedings. 1. Court prescribing notice. Except as otherwise provided in this probate code, the court shall fix the time and place of hearing of any matter requiring notice and shall prescribe a time for the hearing not less than twenty days after the date the notice is served unless the court finds there is good cause shown to shorten the time period to less than twenty days. The court shall also prescribe the manner of service of the notice of such hearing. 2. Notice by publication. In the case of proceedings against unknown persons or persons whose address or whereabouts are unknown, the court shall prescribe that notice may be served by publication within the time and in the manner provided by the rules of civil procedure. 3. No notice by posting. No notice shall be served at any time by posting. 4. Notice otherwise provided. In lieu of the foregoing, the notice may direct each interested party to file the party’s objections thereto in writing, if any, on or before a date certain, to be set out in the notice and to be not less than twenty days after the day the notice is served upon the party and that unless the party does so file objections in writing that the party will be forever barred from making any objections thereto. Said notice shall be served upon each interested party personally in compliance with the rules of civil procedure, or upon those parties not under legal disability by ordinary United States mail. In the event objections thereto are timely filed, the court shall fix the time and place of the hearing for the judicial determination of the issues raised. 5. Notice by mail. When notice in probate proceedings is served upon an interested party by United States mail, the service is made and completed when the notice being served is enclosed in a sealed envelope with the proper postage thereon addressed to the interested party at the party’s last known post office address and is deposited in a mail receptacle provided by the United States postal service. [C73, §2314; C97, §3262; C24, 27, 31, 35, 39, §11822; C46, 50, 54, 58, 62, §631.4; C66, 71, 73, 75, 77, 79, 81, §633.40] 2005 Acts, ch 38, §51; 2009 Acts, ch 52, §2, 14

Iowa Code § 633.41 Consular representatives — notice.

633.41. Consular representatives — notice. Whenever in the course of the administration of any estate, it shall appear that any subject, citizen, or national of a foreign country is interested as an heir, devisee, legatee, or otherwise, and the address of such person is unknown to the personal representative, the personal representative shall give notice by mail to the consular representative of such country for Iowa of the pendency of such proceedings and of the particular interest of such foreign subject. If such consular representative shall not have filed the representative’s designation and address with the clerk, then such notice shall be mailed to the chief diplomatic representative of such foreign country at Washington, D.C. Failure to give such notice shall in no event and in no manner affect title to property. [C27, 31, 35, §11845-b1; C39, §11845.1; C46, 50, 54, 58, 62, §632.15; C66, 71, 73, 75, 77, 79, 81, §633.41]

Iowa Code § 633.42 Requests for notice.

633.42. Requests for notice. 1. At any time after the issuance of letters of appointment, any interested person in the proceeding may file with the clerk a written request for notice of the time and place of all hearings in such proceeding for which notice is required by law, by rule of court, or by an order in such proceeding. The request for notice shall state the name of the requester, the name of the requester’s attorney, if any, and the reason the requester is an interested person in the proceeding. The request for notice shall provide the requester’s post office address and, if available, the requester’s electronic mail address and telephone number. The request for notice shall also provide the requester’s attorney’s post office address, electronic mail address, and telephone number. The clerk shall docket the request. Thereafter, unless otherwise ordered by the court, the fiduciary shall serve by ordinary or electronic mail a notice of each hearing upon such requester and the requester’s attorney, if any. 2. A person does not gain standing by filing a request for notice under this section. [C66, 71, 73, 75, 77, 79, 81, §633.42] 93 Acts, ch 111, §1; 2017 Acts, ch 143, §1; 2018 Acts, ch 1027, §3, 10; 2018 Acts, ch 1172, §32, 43

Iowa Code § 633.43 Notice and appearance.

633.43. Notice and appearance. In any matter pending in the probate court, the attorney general may request notice of all hearings therein as provided by section 633.42, and may, with the approval of the court, intervene in behalf of the public interest. The court, on its own motion, in any such matter involving the public interest, may direct the fiduciary to give notice of the hearing to the attorney general. [C66, 71, 73, 75, 77, 79, 81, §633.43]

Iowa Code § 633.44 Waiver of service of notice.

633.44. Waiver of service of notice. Any notice required under this probate code, or by order of court, may be waived in writing by the person, or the fiduciary, entitled to receive such notice. [C66, 71, 73, 75, 77, 79, 81, §633.44] 2005 Acts, ch 38, §51

Iowa Code § 633.45 Notice of order served on fiduciary and attorney.

633.45. Notice of order served on fiduciary and attorney. When the court makes an order affecting a fiduciary, it shall be served upon the fiduciary and the fiduciary’s attorney of record in such manner as the court may prescribe. [R60, §2474, 2475, 2476; C73, §2479, 2480, 2481; C97, §3403, 3404; S13, §3403; C24, 27, 31, 35, 39, §12055, 12056; C46, 50, 54, 58, 62, §638.15, 638.16; C66, 71, 73, 75, 77, 79, 81, §633.45]

Iowa Code § 633.46 Proof of publication.

633.46. Proof of publication. Proof of the publication of all notices that are by this probate code or by order of court required to be published shall be made by an affidavit of the publisher or of any employee having knowledge of the facts. [C66, 71, 73, 75, 77, 79, 81, §633.46] 2005 Acts, ch 38, §51

Iowa Code § 633.47 Proof of service and payment of costs.

633.47. Proof of service and payment of costs. Proof of service of any notice, required by this probate code or by order of court, including those by publication, shall be filed with the clerk. The costs of serving any notice given by the fiduciary shall be paid directly by the estate. [C66, 71, 73, 75, 77, 79, 81, §633.47] 2003 Acts, ch 151, §52; 2005 Acts, ch 38, §51

Iowa Code § 633.48 Certified copies affecting foreign real estate.

633.48. Certified copies affecting foreign real estate. A certified copy of any proceedings, order, judgment, or deed, affecting real estate in any county other than that in which administration or conservatorship is originally granted, shall be furnished to the clerk of the court of the county where such real estate is situated. Upon receipt of the certified copy, the clerk of court shall assign a probate case number to the certified copy and file the copy using the name of the probate proceeding in the county sending the copy. The file created by the county receiving a certified copy as provided in this section shall not be considered an active file for administrative purposes. [C97, §3265; C24, 27, 31, 35, 39, §11826; C46, 50, 54, 58, 62, §631.8; C66, 71, 73, 75, 77, 79, 81, §633.48] 99 Acts, ch 144, §12

Iowa Code § 633.49 Transfer to another county.

633.49. Transfer to another county. In any proceeding in probate, the court may, upon written showing, supported by affidavit, and on such notice to interested parties as the court may prescribe, transfer such proceeding to any other county, when it is made to appear that such transfer will be in furtherance of justice. Thereupon, the matter shall be pending in such other county. [C24, 27, 31, 35, 39, §11829; C46, 50, 54, 58, 62, §631.11; C66, 71, 73, 75, 77, 79, 81, §633.49]

Iowa Code § 633.50 Certified copy of transferring court’s records.

633.50. Certified copy of transferring court’s records. The clerk of the court which orders such a transfer shall retain the original files and papers, but shall make a certified copy thereof and of all record entries pertaining to the proceedings. The clerk of court shall at once file the same in the office of the clerk of the court to which the transfer has been made. [C24, 27, 31, 35, 39, §11830; C46, 50, 54, 58, 62, §631.12; C66, 71, 73, 75, 77, 79, 81, §633.50]

Iowa Code § 633.51 Filing of certified copy by receiving court.

633.51. Filing of certified copy by receiving court. The clerk of the court to which the proceedings are transferred shall file, within a new file of the clerk’s county, the certified copy of the record entries referred to in section 633.50. [C24, 27, 31, 35, 39, §11831; C46, 50, 54, 58, 62, §631.13; C66, 71, 73, 75, 77, 79, 81, §633.51] 99 Acts, ch 144, §13

Iowa Code § 633.52 Mistakes corrected.

633.52. Mistakes corrected. Mistakes in settlements may be corrected at any time before the final discharge of any fiduciary on such notice, if any, as the court may direct. [C51, §1432; R60, §2457; C73, §2474; C97, §3398; C24, 27, 31, 35, 39, §12049; C46, 50, 54, 58, 62, §638.9; C66, 71, 73, 75, 77, 79, 81, §633.52]

Iowa Code § 633.53 Submission and retention of vouchers and receipts.

633.53. Submission and retention of vouchers and receipts. In all accountings filed by fiduciaries, vouchers or receipts for all disbursements shall be filed or submitted by the fiduciary upon written request of any interested party, or upon order of court. After an order, or decree, has been entered approving such accounting, any vouchers or receipts which have been filed may be withdrawn under order of the court. Vouchers or receipts not filed, or which have been withdrawn, shall be preserved by the fiduciary until the accounting of such fiduciary becomes final. [C66, 71, 73, 75, 77, 79, 81, §633.53]