Iowa Code § 633.1
Short title
This chapter shall be known and may be cited as the “Iowa Probate Code”.
Iowa Code Chapter 633 — Probate Code
Iowa · statute · Iowa Code ch. 633 · 518 active provisions
Iowa Code § 633.2
How probate code to take effect
1Effective date. This probate code shall take effect and be in force on and after January 1, 1964. The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this probate code. It shall also govern further procedure in proceedings in probate then pending, except to the e…
Iowa Code § 633.3
Definitions and use of terms
When used in this probate code, unless otherwise required by the context, or another subchapter of this probate code, the following words and phrases shall be construed as follows: 1. “Administrator” means any person appointed by the court to administer an intestate estate. 2. “Assistance animal” means an animal that q…
Iowa Code § 633.5
Nonestate property — insurance proceeds
A decedent’s estate shall not include life insurance proceeds, unless the proceeds are payable to the decedent’s estate.
Iowa Code § 633.10
Jurisdiction
In addition to the jurisdiction granted the district court under the trust code, chapter 633A, or elsewhere, the district court sitting in probate shall have jurisdiction of: 1Estates of decedents and absentees. The probate and contest of wills; the appointment of personal representatives; the granting of letters testa…
Iowa Code § 633.11
Declaratory judgments — determination of heirship — distribution
During the administration of an estate, the district court sitting in probate shall have full, legal and equitable powers to make declaratory judgments in all matters involved in the administration of the estate, including those pertaining to the title of real estate, the determination of heirship, and the distribution…
Iowa Code § 633.12
County of jurisdiction
The court of each county shall have original and exclusive jurisdiction to administer the estates of all persons who are residents of the county, or who were residents at the time of their death, and all nonresidents of the state who have property, or who die leaving property in the county subject to administration, or…
Iowa Code § 633.13
Extent of jurisdiction
1. The court of the county in which a will is probated, or in which administration, conservatorship or guardianship is granted, shall have jurisdiction coextensive with the state in the settlement of the estate, and in the sale and distribution thereof. 2. A district judge or a district associate judge has statewide ju…
Iowa Code § 633.14
Concurrent jurisdiction
When a case is originally within the jurisdiction of the courts of two or more counties, the court which first takes cognizance of the case by the commencement of the proceedings shall retain jurisdiction throughout the case.
Iowa Code § 633.16
Control of probate records
The court shall have jurisdiction and supervision of the probate records of the clerk, and may direct the destruction of records it deems to be old, obsolete or unnecessary.
Iowa Code § 633.17
Judge disqualified — procedure
When a judge is disqualified from acting in a probate matter, the matter shall be heard before another judge of the same district, or shall be transferred to the court of another district, or a judge of another district shall be procured to hold court for the hearing of the matter.
Iowa Code § 633.18
Rules in probate
1. Actions and proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201. 2. The judicial officers of a judicial district, excluding the magistrates, acting under section 602.1213 may prescribe rules for probate actions and proceedings within the district, but these rule…
Iowa Code § 633.19
Process revoked
Any process or authority emanating from the court in probate matters may for good cause be revoked and a new one issued.
Iowa Code § 633.20
Referee — clerk — associate probate judge
1. The chief judge of the judicial district may appoint a referee in probate for the auditing of the accounts of fiduciaries and for the performance of other ministerial duties the chief judge prescribes. A person shall not be appointed as referee in a matter where the person is acting as a fiduciary or as the attorney…
Iowa Code § 633.20A
Part-time associate probate judge — appointment — removal — qualifications
The chief judge of a judicial district may appoint a part-time associate probate judge and may remove the part-time associate probate judge for cause following a hearing. The part-time associate probate judge shall be an attorney admitted to practice law in this state and shall be qualified for the position by training…
Iowa Code § 633.20B
Appointment and resignation of full-time associate probate judges
1. Full-time associate probate judges shall be appointed by the governor from persons nominated by the district judicial nominating commission in the same manner as district judges under chapter 46. 2. A full-time associate probate judge who seeks to resign from the office of full-time associate probate judge shall not…
Iowa Code § 633.20C
Full-time associate probate judges — term, retention, qualifications
1. Full-time associate probate judges shall serve terms and shall stand for retention in office within the judicial election districts of their appointment as provided under sections 46.16 through 46.24. 2. A person does not qualify for appointment to the office of full-time associate probate judge unless the person is…
Iowa Code § 633.20D
Associate probate judge jurisdiction appeals
1. An associate probate judge shall have the same jurisdiction to conduct probate court proceedings, to issue no-contact or protective orders, injunctions, contempt orders for adults in probate court proceedings, and to issue orders, findings, and decisions as the judge of the probate court. However, the chief judge ma…
Iowa Code § 633.21
Appraisers’ fees and referees’ fees fixed by rule
The district judges of each judicial district shall by rule fix the fees of probate referees, and also provide, insofar as practicable, a uniform schedule of compensation for tax appraisers, other appraisers, brokers, and agents employed at estate expense.
Iowa Code § 633.22
Probate powers of clerk
The clerk shall have and may exercise within the county all the powers and jurisdiction of the court and of the judge thereof, in the following matters: 1. The examination and approval of all intermediate and interlocutory accounts and reports of fiduciaries under this chapter and converting and closing small estates u…
Iowa Code § 633.23
Clerk’s actions reviewed
Any person aggrieved by any order made or entered by the clerk under the powers conferred in section 633.22, subsection 1, may have the same reviewed in court upon motion filed within six months or before the hearing on the final report of the fiduciary, whichever is the earlier, and upon such notice as provided in sec…
Iowa Code § 633.24
Docketing and hearing
Upon the filing of such a motion, the clerk shall place the cause or proceeding on the docket without additional docket fee, and the matter shall stand for hearing or trial de novo in open court.
Iowa Code § 633.25
Validity of clerk’s orders
Records, orders, and judgments made and entered by the clerk under section 633.22, which have not been reversed, set aside, or modified by the court, shall stand, and shall be of the same force, validity, and effect, and be entitled to the same faith and credit, as if they had been made by the court.
Iowa Code § 633.26
Clerk not to prepare reports
A clerk of the district court or employee of the clerk shall not act as attorney for a fiduciary, or make or assist in making, drafting, or filling out any report of any fiduciary or any other report to be filed in the clerk’s office.
Iowa Code § 633.27
Probate docket
The clerk shall keep an electronic record to be known as the “Probate Docket”, which shall show: 1. The name of every deceased person whose estate is administered or whose will is admitted to probate, and the date of the person’s death. 2. The name of each person as to whom application for conservatorship or guardiansh…
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