Iowa Code 633.230 – Notice in intestate estates
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Terms Used In Iowa Code 633.230
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Intestate: Dying without leaving a will.
- month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Probate: Proving a will
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- week: means seven consecutive days. See Iowa Code 4.1
633.230 Notice in intestate estates.
1. In intestate matters, the administrator, as soon as letters are issued, shall cause to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending, and at any time during the pendency of administration that the administrator has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, provide by ordinary mail to each such claimant at the claimant’s last known address, a notice of appointment which shall be in substantially the following form:
In the District Court of Iowa in and for ……………….. County.
In the Estate of Probate No. …………….
……………….., Deceased
NOTICE OF APPOINTMENT OF ADMINISTRATOR AND
NOTICE TO CREDITORS
To All Persons Interested in the Estate of ……………….., Deceased, who died on or about ……………….. (date):
You are hereby notified that on the …….. day of ………… (month),
………… (year), the undersigned was appointed administrator of the estate.
Notice is hereby given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.
Dated this …….. day of ………… (month), ………… (year)
………………..
Administrator of the estate
……………….. Address
………………..
Attorney for the administrator
……………….. Address
Date of second publication
…….. day of ………… (month), ………… (year) (Date to be inserted by publisher)
2. An action based upon the failure to give notice by mail required by this section, section
633.304 or 633.305, to heirs of a decedent or to persons known by the personal representative to own or possess a claim in any estate in which the personal representative was discharged prior to July 1, 1989, shall not be maintained in any court in this state unless commenced prior to July 1, 1991.
[C66, 71, 73, 75, 77, 79, 81, §633.230]
84 Acts, ch 1080, §1, 2; 89 Acts, ch 35, §2; 90 Acts, ch 1036, §1; 2000 Acts, ch 1058, §66;
2016 Acts, ch 1073, §170; 2017 Acts, ch 29, §161
Referred to in §590.1, 633A.3109, 633A.3111, 635.13
1. In intestate matters, the administrator, as soon as letters are issued, shall cause to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending, and at any time during the pendency of administration that the administrator has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, provide by ordinary mail to each such claimant at the claimant’s last known address, a notice of appointment which shall be in substantially the following form:
In the District Court of Iowa in and for ……………….. County.
In the Estate of Probate No. …………….
……………….., Deceased
NOTICE OF APPOINTMENT OF ADMINISTRATOR AND
NOTICE TO CREDITORS
To All Persons Interested in the Estate of ……………….., Deceased, who died on or about ……………….. (date):
You are hereby notified that on the …….. day of ………… (month),
………… (year), the undersigned was appointed administrator of the estate.
Notice is hereby given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.
Dated this …….. day of ………… (month), ………… (year)
………………..
Administrator of the estate
……………….. Address
………………..
Attorney for the administrator
……………….. Address
Date of second publication
…….. day of ………… (month), ………… (year) (Date to be inserted by publisher)
2. An action based upon the failure to give notice by mail required by this section, section
633.304 or 633.305, to heirs of a decedent or to persons known by the personal representative to own or possess a claim in any estate in which the personal representative was discharged prior to July 1, 1989, shall not be maintained in any court in this state unless commenced prior to July 1, 1991.
[C66, 71, 73, 75, 77, 79, 81, §633.230]
84 Acts, ch 1080, §1, 2; 89 Acts, ch 35, §2; 90 Acts, ch 1036, §1; 2000 Acts, ch 1058, §66;
2016 Acts, ch 1073, §170; 2017 Acts, ch 29, §161
Referred to in §590.1, 633A.3109, 633A.3111, 635.13