Iowa Code 633.389 – Notice on sale, mortgage, exchange, pledge, or lease of property
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Terms Used In Iowa Code 633.389
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Probate: Proving a will
- property: includes personal and real property. See Iowa Code 4.1
- 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
- year: means twelve consecutive months. See Iowa Code 4.1
633.389 Notice on sale, mortgage, exchange, pledge, or lease of property.
Upon the filing of the petition, unless notice is waived in writing or unless all interested persons are also personal representatives and have signed the petition, notice in accordance with § 633.40, shall be served on all persons interested in the property, provided that as to personal property and as to the lease of real property not specifically devised, for a period not to exceed one year, the court may hear the petition without notice. When notice is required, the notice shall state briefly the nature of the application. Upon satisfactory proof, the court may order the sale, mortgage, exchange, pledge, or lease of the property described, or any part of the property, at a price and upon terms and conditions as the court may authorize. For the purposes of this section, the term “”all persons interested”” includes only distributees in the estate and persons who have requested notice as provided by this probate code.
[C51, §1342 – 1344; R60, §2374 – 2376; C73, §2387 – 2389; C97, §3323, 3324; C24, §11933,
11934, 11935; C27, 31, §11933, 11935; C35, §11933, 11935, 11951-g5; C39, §11933, 11935,
11951.5; C46, 50, 54, 58, 62, §635.23 – 635.25, 635.45; C66, 71, 73, 75, 77, 79, 81, §633.389; 81
Acts, ch 193, §2]
2005 Acts, ch 38, §51; 2016 Acts, ch 1088, §1
Upon the filing of the petition, unless notice is waived in writing or unless all interested persons are also personal representatives and have signed the petition, notice in accordance with § 633.40, shall be served on all persons interested in the property, provided that as to personal property and as to the lease of real property not specifically devised, for a period not to exceed one year, the court may hear the petition without notice. When notice is required, the notice shall state briefly the nature of the application. Upon satisfactory proof, the court may order the sale, mortgage, exchange, pledge, or lease of the property described, or any part of the property, at a price and upon terms and conditions as the court may authorize. For the purposes of this section, the term “”all persons interested”” includes only distributees in the estate and persons who have requested notice as provided by this probate code.
[C51, §1342 – 1344; R60, §2374 – 2376; C73, §2387 – 2389; C97, §3323, 3324; C24, §11933,
11934, 11935; C27, 31, §11933, 11935; C35, §11933, 11935, 11951-g5; C39, §11933, 11935,
11951.5; C46, 50, 54, 58, 62, §635.23 – 635.25, 635.45; C66, 71, 73, 75, 77, 79, 81, §633.389; 81
Acts, ch 193, §2]
2005 Acts, ch 38, §51; 2016 Acts, ch 1088, §1