§ 633.40 — Notice in probate proceedings

Iowa § 633.40

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

Text

1. Court prescribing notice. Except as otherwise provided in this probate code, the court
shall fix the time and place of hearing of any matter requiring notice and shall prescribe a
time for the hearing not less than twenty days after the date the notice is served unless the
court finds there is good cause shown to shorten the time period to less than twenty days.
The court shall also prescribe the manner of service of the notice of such hearing.
2. Notice by publication. In the case of proceedings against unknown persons or
persons whose address or whereabouts are unknown, the court shall prescribe that notice
may be served by publication within the time and in the manner provided by the rules of
civil procedure.
3. No notice by posting. No notice shall be served at any time by posting.
4. Notice otherwise provided. In lieu of the foregoing, the notice may direct each
interested party to file the party’s objections thereto in writing, if any, on or before a date
certain, to be set out in the notice and to be not less than twenty days after the day the notice
is served upon the party and that unless the party does so file objections in writing that the
party will be forever barred from making any objections thereto. Said notice shall be served
upon each interested party personally in compliance with the rules of civil procedure, or
upon those parties not under legal disability by ordinary United States mail. In the event
objections thereto are timely filed, the court shall fix the time and place of the hearing for
the judicial determination of the issues raised.
5. Notice by mail. When notice in probate proceedings is served upon an interested
party by United States mail, the service is made and completed when the notice being served

is enclosed in a sealed envelope with the proper postage thereon addressed to the interested
party at the party’s last known post office address and is deposited in a mail receptacle
provided by the United States postal service.

Legislative History

[C73, §2314; C97, §3262; C24, 27, 31, 35, 39, §11822; C46, 50, 54, 58, 62, §631.4; C66, 71, 73, 75, 77, 79, 81, §633.40]