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ACTIONS TO SET ASIDE OR CONTEST OF WILLS

Iowa Code tit. XV, ch. 633, subch. VI, pt. 5
in effect

Iowa Code § 633.308 Setting aside probate of will.

633.308. Setting aside probate of will. Any interested person may petition to set aside the probate of a will by filing a written petition in the probate proceedings. The petition for such purpose shall state the grounds therefor. [C51, §1297; R60, §2329; C73, §2353; C97, §3296; C24, 27, 31, 35, 39, §11882; C46, 50, 54, 58, 62, §633.38; C66, 71, 73, 75, 77, 79, 81, §633.308]

Iowa Code § 633.309 Time within which action must be commenced.

633.309. Time within which action must be commenced. 1. An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons’ last known addresses. 2. A party claiming the decedent’s will was procured in whole or in part by tortious interference with inheritance must join such claim together in a timely will contest. The time period set out in this section applies to both the will contest and procurement of the decedent’s will by tortious interference with inheritance if the party making the claim was given notice pursuant to section 633.304. [C51, §1659; R60, §1075, 1865, 2740; C73, §486, 2529; C97, §3447; S13, §2963-g, 3447; C24, 27, 31, 35, 39, §11007; C46, 50, 54, 58, 62, §614.1(3); C66, 71, 73, 75, 77, 79, 81, §633.309] 84 Acts, ch 1080, §8; 89 Acts, ch 35, §52023 Acts, ch 124, §4

Iowa Code § 633.310 Objections prior to admission of will to probate.

633.310. Objections prior to admission of will to probate. Nothing contained in this part shall prevent any interested person from filing objections to probate of a proposed will prior to admission of the will to probate. If such objections are filed prior to the admission of the will to probate, the will shall not be admitted to probate pending trial and determination as to whether or not the instrument is the last will of the decedent. [C24, 27, 31, 35, 39, §11833; C46, 50, 54, 58, 62, §632.2; C66, 71, 73, 75, 77, 79, 81, §633.310] 2020 Acts, ch 1063, §342

Iowa Code § 633.311 Contest or objection shall be tried as a law action.

633.311. Contest or objection shall be tried as a law action. An action objecting to the probate of a proffered will, or to set aside a will, is triable in the probate court as an action at law, and the rules of civil procedure governing law actions, including demand for jury trial, shall be applicable thereto. [C97, §3283; C24, 27, 31, 35, 39, §11864; C46, 50, 54, 58, 62, §633.19; C66, 71, 73, 75, 77, 79, 81, §633.311]

Iowa Code § 633.312 Joinder of parties.

633.312. Joinder of parties. In all actions to contest or set aside a will, all known interested parties who have not joined with the contestants as plaintiffs in the action, shall be joined with proponents as defendants. When additional interested parties become known, the court shall order them brought in as party defendants. All such defendants shall be brought in by serving them with notice pursuant to the rules of civil procedure. [C66, 71, 73, 75, 77, 79, 81, §633.312]

Iowa Code § 633.313 Election of defendants to join with contestants.

633.313. Election of defendants to join with contestants. Any person named as a defendant in an action to contest or set aside a will may, at time of appearance, or by leave of court at any time thereafter, elect to join with the contestants. [C66, 71, 73, 75, 77, 79, 81, §633.313]

Iowa Code § 633.314 Taxation of costs.

633.314. Taxation of costs. The court shall tax the costs in an action to contest or set aside a will. No costs shall be taxed against a losing party who has been joined in the action but who does not appear. [C66, 71, 73, 75, 77, 79, 81, §633.314]

Iowa Code § 633.315 Allowance for defending will.

633.315. Allowance for defending will. When any person is designated as executor in a will, or has been appointed as executor, and defends or prosecutes any proceedings in good faith and with just cause, whether successful or not, that person shall be allowed out of the estate necessary expenses and disbursements, including reasonable attorney fees in such proceedings. [C66, 71, 73, 75, 77, 79, 81, §633.315]

Iowa Code § 633.316 Notice to devisees in other wills.

633.316. Notice to devisees in other wills. If the ground of objection is that another will of the decedent has been discovered, each devisee named in such other will shall be joined in the action. [C66, 71, 73, 75, 77, 79, 81, §633.316]

Iowa Code § 633.317 Where will is filed after letters of administration have been granted.

633.317. Where will is filed after letters of administration have been granted. If, after letters of administration have been granted, a will of the decedent is admitted to probate, such letters of administration are thereby revoked, and the person to whom such letters were issued shall promptly file a final report and make an accounting to the court. [C66, 71, 73, 75, 77, 79, 81, §633.317]

Iowa Code § 633.318 Where will is filed after letters testamentary have been granted.

633.318. Where will is filed after letters testamentary have been granted. If, after a will has been admitted to probate, another instrument purporting to be the will of the decedent, which has not been previously presented for probate, is filed, the court shall determine whether or not the former grant of letters should be revoked pending determination of which instrument constitutes the will of the decedent. [C66, 71, 73, 75, 77, 79, 81, §633.318]

Iowa Code § 633.319 Proof of execution.

633.319. Proof of execution. If the lack of the due execution of a will constitutes a ground for objection, proof of such execution shall not be made by affidavit as provided in section 633.295. [C66, 71, 73, 75, 77, 79, 81, §633.319]

Iowa Code § 633.320 Declaratory judgment to determine last will.

633.320. Declaratory judgment to determine last will. The executor or any person named as a beneficiary in a will may bring an action for a declaratory judgment to have such will declared to be the last will of the decedent. In such action, all known interested persons, including heirs of the decedent and persons named as beneficiaries in said instrument and other known instruments purporting to be wills of the decedent, shall be joined as parties. [C66, 71, 73, 75, 77, 79, 81, §633.320]
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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