§ 633.305 — Notice if no administration

Iowa § 633.305

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633: PROBATE CODE

Text

1. On admission of a will to probate without administration of the estate, the proponent
shall cause to be published, in the manner prescribed in section 633.304, a notice of the
admission of the will to probate. As soon as practicable following the admission of the will to
probate, the proponent shall give notice of the admission of the will to probate by ordinary
mail addressed 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. The notice of the admission of the will to probate shall include a notice
that any action to set aside 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 barred.
2. As used in this section, “heir” means only such person as would, in an intestate estate,
be entitled to a share under section 633.219.
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 PROOF OF WILL
...................., Deceased WITHOUT ADMINISTRATION
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,
bearingdateofthe........ dayof............ (month), ............ (year), was
admitted to probate in the above-named court and there will be no
present administration of the estate. Any action to set aside the will
must be brought in the district court of the 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.
Dated this ........ day of ............ (month), ............ (year)
....................
Proponent
....................
Attorney for estate
....................
Address
Date of second publication
........ day of ............ (month), ............ (year)
(Date to be inserted by publisher)

Legislative History

[C66, 71, 73, 75, 77, 79, 81, §633.305]