Iowa Code 633.309 – Time within which action must be commenced
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Terms Used In Iowa Code 633.309
- Decedent: A deceased person.
- 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
- month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
- Probate: Proving a will
633.309 Time within which action must be commenced.
1. An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons’ last known addresses.
2. A party claiming the decedent’s will was procured in whole or in part by tortious interference with inheritance must join such claim together in a timely will contest. The time period set out in this section applies to both the will contest and procurement of the decedent’s will by tortious interference with inheritance if the party making the claim was given notice pursuant to § 633.304.
[C51, §1659; R60, §1075, 1865, 2740; C73, §486, 2529; C97, §3447; S13, §2963-g, 3447; C24,
27, 31, 35, 39, §11007; C46, 50, 54, 58, 62, §614.1(3); C66, 71, 73, 75, 77, 79, 81, §633.309]
84 Acts, ch 1080, §8; 89 Acts, ch 35, §5; 2023 Acts, ch 124, §4
Section amended
1. An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons’ last known addresses.
2. A party claiming the decedent’s will was procured in whole or in part by tortious interference with inheritance must join such claim together in a timely will contest. The time period set out in this section applies to both the will contest and procurement of the decedent’s will by tortious interference with inheritance if the party making the claim was given notice pursuant to § 633.304.
[C51, §1659; R60, §1075, 1865, 2740; C73, §486, 2529; C97, §3447; S13, §2963-g, 3447; C24,
27, 31, 35, 39, §11007; C46, 50, 54, 58, 62, §614.1(3); C66, 71, 73, 75, 77, 79, 81, §633.309]
84 Acts, ch 1080, §8; 89 Acts, ch 35, §5; 2023 Acts, ch 124, §4
Section amended