Iowa Code 633.304 – Notice of probate of will with administration
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 633.304
- 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.
- Executor: A male person named in a will to carry out the decedent
- executor: includes administrator, and the term "administrator" includes executor, where the subject matter justifies such use. See Iowa Code 4.1
- 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
- week: means seven consecutive days. See Iowa Code 4.1
633.304 Notice of probate of will with administration.
1. As used in this section, “”heir”” means only such person as would, in an intestate estate, be entitled to a share under § 633.219.
2. On admission of a will to probate, the executor, as soon as letters are issued, shall cause notice 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. At any time during the pendency of administration that the executor 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, the executor shall provide notice by ordinary mail to each such claimant at the claimant’s last known address. The executor shall also, as soon as practicable give notice, except to any executor, by ordinary mail to the surviving spouse, each heir of the decedent, and each devisee under the will admitted to probate whose identities are reasonably ascertainable, at such persons’ last known addresses, of admission of the will to probate and of the appointment of the executor. In the notice shall be included a notice that any action to set aside the probate of the will must be brought within the later to occur of four months from the date of the second publication of the notice or one month from the date of mailing of this notice or thereafter be forever barred, a notice to debtors to make payment, and a notice to creditors having claims against the estate to file them with the clerk within four months from the second publication of the notice, or thereafter be forever barred.
3. The notice shall be substantially in the following form:
In the District Court of Iowa in and for ……………….. County.
Probate No. …………….
In the Estate of NOTICE OF PROBATE OF WILL,
……………….., Deceased OF APPOINTMENT OF EXECUTOR, 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 last will and testament of ……………………, deceased, bearing the date of the …….. day of ………… (month),
………… (year), was admitted to probate in the above-named court and that …………………… was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.
Notice is further 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 mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.
Dated this …….. day of ………… (month), ………… (year)
…………………… Executor of estate
………………………….. Address
……………………
1. As used in this section, “”heir”” means only such person as would, in an intestate estate, be entitled to a share under § 633.219.
2. On admission of a will to probate, the executor, as soon as letters are issued, shall cause notice 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. At any time during the pendency of administration that the executor 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, the executor shall provide notice by ordinary mail to each such claimant at the claimant’s last known address. The executor shall also, as soon as practicable give notice, except to any executor, by ordinary mail to the surviving spouse, each heir of the decedent, and each devisee under the will admitted to probate whose identities are reasonably ascertainable, at such persons’ last known addresses, of admission of the will to probate and of the appointment of the executor. In the notice shall be included a notice that any action to set aside the probate of the will must be brought within the later to occur of four months from the date of the second publication of the notice or one month from the date of mailing of this notice or thereafter be forever barred, a notice to debtors to make payment, and a notice to creditors having claims against the estate to file them with the clerk within four months from the second publication of the notice, or thereafter be forever barred.
3. The notice shall be substantially in the following form:
In the District Court of Iowa in and for ……………….. County.
Probate No. …………….
In the Estate of NOTICE OF PROBATE OF WILL,
……………….., Deceased OF APPOINTMENT OF EXECUTOR, 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 last will and testament of ……………………, deceased, bearing the date of the …….. day of ………… (month),
………… (year), was admitted to probate in the above-named court and that …………………… was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.
Notice is further 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 mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.
Dated this …….. day of ………… (month), ………… (year)
…………………… Executor of estate
………………………….. Address
……………………
§633.304, PROBATE CODE 2
Attorney for executor
………………………….. Address
Date of second publication
…….. day of ………… (month), ………… (year) (Date to be inserted by publisher)
[C51, §1357, 1358; R60, §2389, 2390; C73, §2366; C97, §3304; C24, 27, 31, 35, 39, §11890;
C46, 50, 54, 58, 62, §633.46; C66, 71, 73, 75, 77, 79, 81, §633.304]
84 Acts, ch 1080, §6; 89 Acts, ch 35, §3; 93 Acts, ch 111, §3; 2000 Acts, ch 1058, §67; 2000
Acts, ch 1150, §4; 2002 Acts, ch 1119, §98; 2013 Acts, ch 90, §217; 2014 Acts, ch 1092, §137;
2015 Acts, ch 30, §181; 2016 Acts, ch 1073, §173
Referred to in §590.1, 633.230, 633.305, 633.309, 633A.3109, 633A.3111, 635.13