Iowa Code 633.351 – Possession of real and personal property
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Iowa Code 633.351
- Decedent: A deceased person.
- 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
- personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
- Personal property: All property that is not real property.
- Personal representative: includes executor and administrator. See Iowa Code 633.3
- Property: includes both real and personal property. See Iowa Code 633.3
- Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
During the period of administration, the personal representative shall take possession of the decedent‘s real estate, except the homestead and other property exempt to the surviving spouse. Every personal representative shall take possession of all the personal property of the decedent, except the property exempt to the surviving spouse. The personal representative may maintain an action for the possession of such real and personal property or to determine the title to any property of the decedent. Until property is distributed, the personal representative shall take reasonable steps to safeguard such property, pay any expenses related to such property, and collect any income generated by such property. Unless otherwise provided by the decedent’s will, all such expenses shall be paid from the residuary estate and all such income shall be considered a part of the residuary estate.