Iowa Code 633.479 – Discharge
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1. Upon final settlement of an estate, an order shall be entered discharging the personal representative from further duties and responsibilities. The order approving the final report shall constitute a waiver of the omission from the final report of any of the recitals required in section 633.477.
Terms Used In Iowa Code 633.479
- 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
- Personal representative: includes executor and administrator. See Iowa Code 633.3
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. a. An order approving the final report and discharging the personal representative shall not be required if all of the following apply:
(1) All distributees otherwise entitled to notice are adults and are under no legal disability.
(2) All distributees have signed waivers of notice as provided in section 633.478.
(3) All distributees have signed statements of consent agreeing that the prayer of the final report shall constitute an order approving the final report and discharging the personal representative.
(4) All of the statements of consent are dated not more than thirty days prior to the date of the final report.
(5) Compliance with sections 422.27 and 450.58 have been fulfilled .
(6) Any required receipts, sworn statements, and certificates are on file.
b. If the requirements of paragraph “a” have been met, final order shall not be required and the prayer of the final report shall be considered as granted and shall have the same force and effect as an order of discharge of the personal representative and an order approving the final report.