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.
will 560x170

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Iowa Code 633.305

  • 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
  • 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.
  • 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
 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, bearing date of the …….. day of ………… (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)

  Previous section
Next section  
 Chapter 633 Contents