1. 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.
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Terms Used In Iowa Code 633.304

  • Clerk: means "clerk of the district court" in the county in which the matter is pending and includes the term "clerk of the probate court". See Iowa Code 633.3
  • Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
  • Decedent: A deceased person.
  • Devisee: includes legatee. See Iowa Code 633.3
  • Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
  • Executor: A male person named in a will to carry out the decedent
  • Executor: means any person appointed by the court to administer the estate of a testate decedent. See Iowa Code 633.3
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Heir: means any person, except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession. See Iowa Code 633.3
  • Intestate: Dying without leaving a will.
  • Letters: includes letters testamentary, letters of administration, letters of guardianship, letters of conservatorship, and letters of trusteeship. See Iowa Code 633.3
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Iowa Code 633.701
  • Probate: Proving a will
  • Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
  • week: means seven consecutive days. See Iowa Code 4.1
 2. On admission of a will to probate, the executor, as soon as letters are issued, shall cause notice to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending. At any time during the pendency of administration that the executor has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, the executor shall provide notice by ordinary mail to each such claimant at the claimant’s last known address. The executor shall also, as soon as practicable give notice, except to any executor, by ordinary mail 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, of admission of the will to probate and of the appointment of the executor. In the notice shall be included a notice that any action to set aside the probate of 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 forever barred, a notice to debtors to make payment, and a notice to creditors having claims against the estate to file them with the clerk within four months from the second publication of the notice, or thereafter be forever barred.
 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 PROBATE OF WILL,   ……………….., Deceased                OF APPOINTMENT OF                EXECUTOR, AND                NOTICE TO CREDITORS  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, bearing the date of the …….. day of ………… (month), ………… (year), was admitted to probate in the above-named court and that …………………… was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said 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.  Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.  Dated this …….. day of ………… (month), ………… (year) ……………………Executor of estate …………………………..Address ……………………Attorney for executor …………………………..Address Date of second publication …….. day of ………… (month), ………… (year)  (Date to be inserted by publisher)

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