Iowa § 633.374 Allowance to surviving spouse

Iowa Statutes

§ 633.374 — Allowance to surviving spouse

Iowa § 633.374

Title XVJUDICIAL BRANCH AND JUDICIAL PROCEDURES

Ch. 633PROBATE CODE

This text of Iowa § 633.374 (Allowance to surviving spouse) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 633.374 (2026).

Text

1.The personal representative of the estate shall mail to the surviving spouse pursuant to section 633.40, subsection 5, a written notice regarding the right to request a spousal allowance. The notice shall inform the surviving spouse of the surviving spouse’s right to submit an application to the court within four months of service of the notice, for support for a period of twelve months following the death of the decedent, and for support of the decedent’s dependents who reside with the spouse for the same period of time.

2.The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent’s property including assets held in a revocable trust of which the decedent is the settlor to the extent that estate

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1. The personal representative of the estate shall mail to the surviving spouse pursuant
to section 633.40, subsection 5, a written notice regarding the right to request a spousal
allowance. The notice shall inform the surviving spouse of the surviving spouse’s right to
submit an application to the court within four months of service of the notice, for support
for a period of twelve months following the death of the decedent, and for support of the
decedent’s dependents who reside with the spouse for the same period of time.
2. The court shall, upon application, set off and order paid to the surviving spouse, as part
of the costs of administration, sufficient of the decedent’s property including assets held in
a revocable trust of which the decedent is the settlor to the extent that estate assets are not
sufficient as it deems reasonable for the proper support of the surviving spouse for the period
of twelve months following the death of the decedent. Notice of hearing upon the application
shall be given to the surviving spouse, personal representative if the application is not made
by the personal representative, trustee of any revocable trust of which the decedent is the
settlor, and all other interested persons. The court shall take into consideration the station
in life of the surviving spouse, the assets and condition of the estate and any revocable trust
of which the decedent is the settlor, the nonprobate assets received by the surviving spouse
by reason of the death of the decedent, and the income and other resources of the surviving
spouse. If the trustee of a revocable trust of which the decedent was a settlor has previously
made payments under section 633A.3114 to the spouse, the court shall reduce the award by
the amount of such payments. The allowance shall also include such additional amount as
the court deems reasonable for the proper support, during such period, of dependents of
the decedent who reside with the surviving spouse. Such allowance to the surviving spouse
shall not abate upon the death or remarriage of such spouse. If an application for support
has not been filed within four months following service of the notice by or on behalf of the
surviving spouse and the dependents of the decedent who reside with the surviving spouse,
the surviving spouse and the dependents of the decedent shall be deemed to have waived the
right to apply for support during the administration of the estate.
3. A surviving spouse who qualifies for a support allowance under this section may waive
the right to such allowance for the surviving spouse and for the dependents of the decedent
who reside with the surviving spouse by filing an affidavit acknowledging receipt of notice
and irrevocably waiving the right to support under this section.

Legislative History

[C51, §1338; R60, §2370; C73, §2375, 2377; C97, §3314; C24, 27, 31, 35, 39, §11923, 11924; C46, 50, 54, 58, 62, §635.12, 635.13; C66, 71, 73, 75, 77, 79, 81, §633.374]