§ 633.1 Short title
§ 633.2 How probate code to take effect
§ 633.3 Definitions and use of terms
§ 633.5 Nonestate property — insurance proceeds
§ 633.10 Jurisdiction
§ 633.11 Declaratory judgments — determination of heirship — distribution
§ 633.12 County of jurisdiction
§ 633.13 Extent of jurisdiction
§ 633.14 Concurrent jurisdiction
§ 633.16 Control of probate records
§ 633.17 Judge disqualified — procedure
§ 633.18 Rules in probate
§ 633.19 Process revoked
§ 633.20 Referee — clerk — associate probate judge
§ 633.20A Part-time associate probate judge — appointment — removal — qualifications
§ 633.20B Appointment and resignation of full-time associate probate judges
§ 633.20C Full-time associate probate judges — term, retention, qualifications
§ 633.20D Associate probate judge — jurisdiction — appeals
§ 633.21 Appraisers’ fees and referees’ fees fixed by rule
§ 633.22 Probate powers of clerk
§ 633.23 Clerk’s actions reviewed
§ 633.24 Docketing and hearing
§ 633.25 Validity of clerk’s orders
§ 633.26 Clerk not to prepare reports
§ 633.27 Probate docket
§ 633.27A Docketing guardianship and conservatorship proceedings — applicability of separate reporting requirements
§ 633.31 Calendar — court costs in probate
§ 633.32 Delinquent inventories and reports
§ 633.33 Nature of proceedings in probate
§ 633.34 Applicability of rules of civil procedure
§ 633.35 Reports and applications for orders
§ 633.36 Orders in probate
§ 633.37 Orders without notice
§ 633.38 Time and place of hearing
§ 633.39 Place of hearing — noncontest or agreement
§ 633.40 Notice in probate proceedings
§ 633.41 Consular representatives — notice
§ 633.42 Requests for notice
§ 633.43 Notice and appearance
§ 633.44 Waiver of service of notice
§ 633.45 Notice of order served on fiduciary and attorney
§ 633.46 Proof of publication
§ 633.47 Proof of service and payment of costs
§ 633.48 Certified copies affecting foreign real estate
§ 633.49 Transfer to another county
§ 633.50 Certified copy of transferring court’s records
§ 633.51 Filing of certified copy by receiving court
§ 633.52 Mistakes corrected
§ 633.53 Submission and retention of vouchers and receipts
§ 633.63 Qualification of fiduciary — resident
§ 633.64 Qualification of fiduciary — nonresident
§ 633.65 Removal of fiduciary
§ 633.66 Appointment of successor fiduciary
§ 633.67 Powers of surviving cofiduciary
§ 633.68 Powers of successor fiduciary
§ 633.69 Substitution — effect
§ 633.70 Property delivered — penalty
§ 633.71 Legal effect of appointment
§ 633.76 Two or more fiduciaries — exercise of powers
§ 633.76A Exception — voting of publicly traded securities
§ 633.77 Receipts by one fiduciary
§ 633.78 Fiduciary written request and third-party protection
§ 633.79 Fiduciaries considered as one
§ 633.80 Fiduciary of a fiduciary
§ 633.81 Suit by and against fiduciary
§ 633.82 Designation of attorney
§ 633.83 Continuation of business
§ 633.84 Delegation of authority
§ 633.85 Liability of fiduciary employing agents
§ 633.86 Reduction of fees when agents are employed
§ 633.87 Deposit of money in banks
§ 633.88 Law governing administration of estates of nonresidents
§ 633.89 Power of fiduciary or custodian to deposit securities
§ 633.90 Power of a fiduciary to access digital assets
§ 633.93 Limitation on actions affecting deeds
§ 633.94 Platting
§ 633.95 Release of liens and mortgages
§ 633.96 Specific performance voluntary
§ 633.97 Specific performance involuntary
§ 633.98 Certificate of appointment and authority
§ 633.99 Federal stock — authority to purchase
§ 633.100 Waiver of exemption
§ 633.101 Appraisal
§ 633.102 Costs and expenses
§ 633.108 Small distributions
§ 633.109 Inability to distribute estate funds
§ 633.110 Receipts taken
§ 633.111 Final discharge period
§ 633.112 Discovery of property
§ 633.113 Commitment
§ 633.114 Compromise of claims held by an estate
§ 633.115 Compromise of claims against an estate
§ 633.116 Abandonment of property
§ 633.117 Encumbered assets
§ 633.118 Attorney appointed for persons not represented
§ 633.119 Order and authority thereunder
§ 633.120 Compensation
§ 633.121 Substitution — division of fee
§ 633.122 Settlement contested
§ 633.123 Prudent investments — fiduciaries
§ 633.123A Investments in investment companies and investment trusts
§ 633.124 Investment may be held in name of nominee of bank or trust company
§ 633.125 Records of bank or trust company to show ownership
§ 633.126 Definitions
§ 633.127 Establishment of common trust funds
§ 633.128 Court accountings
§ 633.129 Uniformity of interpretation
§ 633.144 Mortgages and judgments
§ 633.145 Certificate of appointment and authority
§ 633.146 Filing of certificate
§ 633.147 Record
§ 633.148 Maintaining actions
§ 633.149 Filing of bond
§ 633.155 Self-dealing by fiduciary prohibited
§ 633.156 Deposits by corporate fiduciaries
§ 633.157 Liability for property of estate
§ 633.158 Liability for property not a part of estate
§ 633.159 Judgment — execution
§ 633.160 Breach of duty
§ 633.161 Examination of fiduciaries
§ 633.162 Penalty
§ 633.168 Oath — certification
§ 633.169 Bond
§ 633.170 Amount of bond
§ 633.171 Approval by clerk
§ 633.172 Will — waiver of bond
§ 633.173 Waiver of bond by distributees
§ 633.174 Guardians and conservators — bond
§ 633.175 Waiver of bond by court
§ 633.176 Reduction of bond by deposit
§ 633.177 Deposit in lieu of bond
§ 633.178 Letters
§ 633.179 Review by clerk when inventory is filed
§ 633.180 Bond changed
§ 633.181 Obligees of bond — joint and several liability
§ 633.182 Qualifications for sureties
§ 633.183 Authority for fiduciary and surety to enter into agreement for deposit of property or joint control
§ 633.184 Release of sureties before estate fully administered
§ 633.185 Insolvency of fiduciary
§ 633.186 Suit on bond
§ 633.187 Limitation of action on bond
§ 633.197 Compensation — schedule of fees
§ 633.198 Attorney fee
§ 633.199 Expenses and extraordinary services
§ 633.200 Compensation of other fiduciaries and their attorneys
§ 633.201 Court officers as fiduciaries
§ 633.202 Affidavit relative to compensation
§ 633.203 Affidavit for corporate fiduciary
§ 633.204 Fees of deceased fiduciary
§ 633.210 Rules of descent
§ 633.211 Share of surviving spouse if decedent left no issue or left issue all of whom are issue of surviving spouse
§ 633.212 Share of surviving spouse if decedent left issue some of whom are not issue of surviving spouse
§ 633.213 Appraisal
§ 633.214 Procedure determined by court
§ 633.215 Notice
§ 633.216 Objections
§ 633.217 Trial
§ 633.218 Right of spouse to select property
§ 633.219 Share of others than surviving spouse
§ 633.220 Afterborn heirs — time of determining relationship
§ 633.220A Posthumous child
§ 633.221 Biological child — inherit from mother
§ 633.222 Biological child — inherit from father
§ 633.223 Effect of adoption
§ 633.224 Advancements — in general
§ 633.225 Valuation of advancements
§ 633.226 Death of advancee before intestate
§ 633.227 Administration granted
§ 633.228 Time allowed
§ 633.229 Petition for administration of an intestate estate
§ 633.230 Notice in intestate estates
§ 633.231 Notice in intestate estates — medical assistance claims
§ 633.236 Right of elective share of surviving spouse
§ 633.237 Presumption against filing elective share
§ 633.238 Elective share of surviving spouse
§ 633.239 Share to embrace homestead
§ 633.240 Election to receive homestead
§ 633.241 Time for election to receive life estate in homestead
§ 633.242 Rights of election personal to surviving spouse
§ 633.243 Filing elections
§ 633.244 Incompetent spouse — election by court
§ 633.245 Record of election
§ 633.246 Election not subject to change
§ 633.246A Medical assistance eligibility
§ 633.247 Setting off elective share of surviving spouse
§ 633.248 Referee — notice
§ 633.249 Mode of setting off share in real estate
§ 633.250 Report — delinquency
§ 633.251 Confirmation — new reference
§ 633.252 Confirmation conclusive — possession
§ 633.253 Right contested
§ 633.254 Sale — division of proceeds
§ 633.255 Purchase of new homestead
§ 633.256 Security to avoid sale
§ 633.257 Security by surviving spouse
§ 633.258 Sale prohibited
§ 633.264 Disposal of property by will
§ 633.265 Procedure prescribed by will
§ 633.266 Adjusted gross estate
§ 633.267 Children born or adopted after execution of will
§ 633.268 Presumption attending devise to spouse
§ 633.269 After acquired property
§ 633.270 Contractual or mutual wills
§ 633.271 Effect of divorce or dissolution
§ 633.272 Partial intestacy
§ 633.273 Antilapse statute
§ 633.273A Disposition of failed devise
§ 633.274 Exception to antilapse statute
§ 633.275 Testamentary additions to trusts
§ 633.276 Separate identification of bequest
§ 633.277 Uniformity of interpretation
§ 633.278 Devise of encumbered property
§ 633.279 Signed and witnessed
§ 633.280 Competency of witnesses
§ 633.281 Interest of witnesses
§ 633.282 Defect cured by codicil
§ 633.283 Will executed in foreign state or country
§ 633.284 Revocation — cancellation — revival
§ 633.285 Custodian — filing — penalty
§ 633.286 Deposit of will with clerk
§ 633.287 Manner of deposit
§ 633.288 Delivery by clerk during lifetime of testator
§ 633.289 Delivery by clerk after death of testator
§ 633.290 Petitions after death of testator
§ 633.291 Contents of petition for probate of will
§ 633.292 Contents of petition for appointment of executor
§ 633.293 Hearing upon petition
§ 633.294 Order of preference for appointment of executor
§ 633.295 Testimony of witnesses
§ 633.296 Deposition
§ 633.297 Witnesses unavailable
§ 633.298 Order admitting or disallowing probate of will
§ 633.299 Order appointing executor
§ 633.300 Certificate of probate
§ 633.301 Copy of will for executor
§ 633.302 Clerk filing copies of will
§ 633.304 Notice of probate of will with administration
§ 633.304A Notice of probate of will — medical assistance claims
§ 633.305 Notice if no administration
§ 633.306 Record in foreign county
§ 633.307 Costs of transcript
§ 633.308 Setting aside probate of will
§ 633.309 Time within which action must be commenced
§ 633.310 Objections prior to admission of will to probate
§ 633.311 Contest or objection shall be tried as a law action
§ 633.312 Joinder of parties
§ 633.313 Election of defendants to join with contestants
§ 633.314 Taxation of costs
§ 633.315 Allowance for defending will
§ 633.316 Notice to devisees in other wills
§ 633.317 Where will is filed after letters of administration have been granted
§ 633.318 Where will is filed after letters testamentary have been granted
§ 633.319 Proof of execution
§ 633.320 Declaratory judgment to determine last will
§ 633.330 Character of proceedings
§ 633.331 Limitation of administration
§ 633.332 Exempt personal property
§ 633.333 Proceeds of insurance
§ 633.334 Surviving spouse included as “heir”
§ 633.335 Share of survivor
§ 633.336 Damages for wrongful death
§ 633.342 Appointment of temporary administrator pending administration
§ 633.343 Appointment of temporary administrator during administration
§ 633.348 Right to retain existing property
§ 633.349 Security to sustain devise or bequest
§ 633.350 Title to decedent’s estate — when property passes — possession and control thereof — liability for administration expenses, debts, and family allowance
§ 633.351 Possession of real and personal property
§ 633.352 Collection of rents and payment of taxes and charges
§ 633.353 Surrender of possession upon application by personal representative
§ 633.354 Surrender of possession upon application by any interested person
§ 633.355 Delivery of specific devise after twelve months
§ 633.356 Distribution of property by affidavit — very small estates
§ 633.357 Custodial independent retirement accounts
§ 633.361 Report and inventory
§ 633.362 Filing mandatory
§ 633.363 Reporting failure to court
§ 633.364 Supplementary inventory
§ 633.365 Appraisement
§ 633.366 Debts of executor
§ 633.367 Inventory and appraisement as evidence
§ 633.368 Property for payment of creditor’s claims
§ 633.374 Allowance to surviving spouse
§ 633.375 Review of allowance to surviving spouse
§ 633.376 Allowance to children who do not reside with surviving spouse
§ 633.377 Review of allowance to minor children
§ 633.383 When power given in will
§ 633.384 Equitable conversion and power of sale
§ 633.385 Conversion
§ 633.386 Sale, mortgage, pledge, lease or exchange of property — purposes
§ 633.387 Sale of personal property without order of court
§ 633.388 Petition to sell, mortgage, exchange, pledge or lease property
§ 633.389 Notice on sale, mortgage, exchange, pledge, or lease of property
§ 633.390 Sale subject to mortgage
§ 633.391 Quieting adverse claims
§ 633.392 Terms of sale
§ 633.393 Purchase by holder of lien
§ 633.394 Order to sell, mortgage, pledge, exchange or lease to be refused if bond given
§ 633.395 Validity of proceedings
§ 633.396 Order for sale, mortgage, pledge, exchange or lease of real property
§ 633.397 Sale at public auction
§ 633.398 Adjournment of sale at public auction
§ 633.399 Report for approval
§ 633.400 Joining report with petition
§ 633.401 Record in foreign county
§ 633.402 Sale defined
§ 633.410 Limitation on filing claims against decedent’s estate
§ 633.411 Pleading statute of limitations
§ 633.412 When claim not affected by statute of limitations
§ 633.413 Claims barred when no administration commenced
§ 633.414 Liens not affected by failure to file claim
§ 633.415 Commencement or continuance of separate action
§ 633.416 Compulsory counterclaims — rules of civil procedure
§ 633.417 Separate action in lieu of proceeding on claims
§ 633.418 Form and verification of claims — general requirements
§ 633.419 Requirements when claim founded on written instrument
§ 633.420 How claim entitled
§ 633.421 Unsecured claims not yet due
§ 633.422 Secured claims not yet due
§ 633.423 Procedure for secured claims
§ 633.424 Contingent claims
§ 633.425 Classification of debts and charges
§ 633.426 Order of payment of debts and charges
§ 633.427 Payment of contingent claims by distributees — contribution
§ 633.428 Allowance by personal representative
§ 633.429 Compelling payment of claims
§ 633.430 Execution and levies prohibited
§ 633.431 Claims of personal representative
§ 633.432 Allowance or disallowance of claim of personal representative
§ 633.433 Payment of debts and charges before expiration of four-month period
§ 633.434 Payment of debts and charges after expiration of period following notice
§ 633.435 Debts and charges not filed
§ 633.436 General order for abatement
§ 633.437 Contrary provision as to abatement
§ 633.438 General denial of claims
§ 633.439 Disallowance by personal representative
§ 633.440 Contents of notice of disallowance
§ 633.441 Proof of service
§ 633.442 Claims barred after twenty days
§ 633.443 Request for hearing by claimant
§ 633.444 Applicability of rules of civil procedure
§ 633.445 Offsets and counterclaims
§ 633.446 Burden of proof
§ 633.447 Trial and hearing
§ 633.448 Allowance and judgment
§ 633.449 Payment of federal estate taxes
§ 633.469 Interlocutory report
§ 633.470 Waiver of accounting
§ 633.471 Right of retainer
§ 633.472 Property distributed in kind
§ 633.473 Final settlement — time limit
§ 633.475 Compromise of personal taxes
§ 633.476 Action against distributees — costs — tender
§ 633.477 Final report
§ 633.478 Notice of application for discharge
§ 633.479 Discharge
§ 633.480 Certificate to county recorder for tax purposes with administration
§ 633.481 Certificate to county recorder for tax purposes without administration
§ 633.487 Limitation on rights
§ 633.488 Reopening settlement
§ 633.489 Reopening administration
§ 633.495 Admission of wills of nonresidents
§ 633.496 Foreign probated wills
§ 633.497 Foreign wills as a muniment of title
§ 633.498 Foreign wills — procedure
§ 633.500 Appointment of foreign administrator
§ 633.501 Application for appointment of foreign administrator
§ 633.502 Appointment of foreign fiduciary
§ 633.503 Application for appointment of foreign executor or trustee
§ 633.504 Removal of property — payment of claims
§ 633.510 Administration authorized — petition
§ 633.511 Notice
§ 633.512 Service
§ 633.513 Proof of service — filing
§ 633.514 Hearing — continuance — orders
§ 633.515 Administration
§ 633.516 Rights of absentee barred — sale by spouse
§ 633.517 Missing soldiers or sailors — presumption of death
§ 633.518 Presumption of death — petition and inquiry
§ 633.519 Presumption of death — verdict and entry of order
§ 633.520 Presumption of death — natural or man-made disaster
§ 633.523 No sufficient evidence of survivorship
§ 633.524 Beneficiaries of another person’s disposition of property
§ 633.525 Joint tenants
§ 633.526 Insurance policies
§ 633.527 Limitation of application
§ 633.528 Uniformity of interpretation
§ 633.535 Person causing death or injury
§ 633.536 Procedure to deny benefits to a person causing death or injury
§ 633.537 Third party nonliability
§ 633.543 Proceedings for escheat
§ 633.544 Notice to persons interested
§ 633.545 Sale — proceeds
§ 633.546 Payment to person entitled
§ 633.551 General provisions
§ 633.552 Basis for appointment of guardian for an adult
§ 633.553 Basis for appointment of conservator for an adult
§ 633.554 Basis for appointment of conservator for a minor
§ 633.555 Procedure in lieu of conservatorship for a minor
§ 633.556 Petition for appointment of guardian or conservator for an adult
§ 633.557 Petition for appointment of a conservator for a minor
§ 633.558 Notice to adult respondent
§ 633.559 Notice to minor respondent
§ 633.560 Hearing
§ 633.560A Mediation
§ 633.561 Appointment and role of attorney for respondent
§ 633.562 Appointment and role of court visitor
§ 633.563 Court-ordered professional evaluation
§ 633.564 Background check of proposed guardian or conservator
§ 633.565 Qualifications and selection of guardian or conservator for an adult
§ 633.566 Preference as to appointment of conservator
§ 633.567 Appointment of guardian or conservator on a standby basis for minor approaching majority
§ 633.568 Appointment of guardian for an adult on a standby basis
§ 633.569 Emergency appointment of temporary guardian or conservator
§ 633.570 Notification of guardianship and conservatorship powers
§ 633.580 Petition for appointment of conservator for absentee
§ 633.581 Original notice governed by rules of civil procedure
§ 633.582 Notice on county attorney
§ 633.583 Pleadings and trial — rules of civil procedure
§ 633.584 Appointment of conservator
§ 633.585 Appointment of temporary conservator
§ 633.591 Voluntary petition for appointment of conservator — standby basis
§ 633.591A Voluntary petition for appointment of conservator for a minor — standby basis
§ 633.592 Petition may nominate conservator
§ 633.593 Deposit of petition
§ 633.594 Revocation of petition
§ 633.595 Filing petition upon occurrence of condition
§ 633.596 Considerations — appointment of conservator
§ 633.597 Conservator shall have same powers and duties
§ 633.603 Appointment of foreign conservators
§ 633.604 Application
§ 633.605 Personal property
§ 633.606 Copy of bond
§ 633.607 Order for delivery
§ 633.608 Recording of bond — notice to court
§ 633.614 Application of other provisions to veterans’ conservatorships
§ 633.615 Secretary of veterans affairs — party in interest
§ 633.617 Ward rated incompetent by United States department of veterans affairs
§ 633.622 Bond requirements
§ 633.627 Combining petitions
§ 633.628 Same person as guardian and conservator
§ 633.633 Provisions applicable to all fiduciaries shall govern
§ 633.633A Liability of guardians and conservators
§ 633.633B Tort liability of guardians and conservators
§ 633.634 Combination of petitions
§ 633.635 Responsibilities of guardian
§ 633.636 Effect of appointment of guardian or conservator
§ 633.637 Powers of ward
§ 633.637A Rights of ward under guardianship
§ 633.638 Presumption of fraud
§ 633.639 Title to ward’s property
§ 633.640 Conservator’s right to possession
§ 633.641 Duties of conservator
§ 633.642 Responsibilities of conservator
§ 633.643 Disposal of will by conservator
§ 633.644 Court order to preserve testamentary intent of ward
§ 633.645 Court to deliver will to clerk
§ 633.648 Appointment of attorney in compromise of personal injury settlements
§ 633.653 Claims against the ward, the conservatorship, or the conservator in that capacity
§ 633.653A Claims for cost of medical care or services
§ 633.654 Form and verification of claims — general requirements
§ 633.655 Requirements when claim founded on written instrument
§ 633.656 How claim entitled
§ 633.657 Filing of claim required
§ 633.658 Compelling payment of claims
§ 633.659 Allowance by conservator
§ 633.660 Execution and levy prohibited
§ 633.661 Claims of conservators
§ 633.662 Claims not filed
§ 633.663 Waiver of statute of limitations by conservator
§ 633.664 Liens not affected by failure to file claim
§ 633.665 Separate actions and claims
§ 633.666 Denial and contest of claims
§ 633.667 Payment of claims in insolvent conservatorships
§ 633.668 Conservator may make gifts
§ 633.669 Reporting requirements — assistance by clerk
§ 633.670 Reports by conservators
§ 633.671 Requirements of report and accounting
§ 633.672 Payment of court costs in conservatorships
§ 633.673 Court costs in guardianships
§ 633.674 Settlement of accounts
§ 633.675 Cause for termination
§ 633.676 Assets exhausted
§ 633.677 Accounting to ward — notice
§ 633.678 Delivery of assets
§ 633.679 Petition to terminate — request for voting rights reinstatement
§ 633.680 Limit on application to terminate
§ 633.681 Exhausted or minimal assets of minor protected person
§ 633.682 Discharge of conservator and release of bond
§ 633.700 Short title
§ 633.701 Definitions
§ 633.702 International application
§ 633.703 Communication between courts
§ 633.704 Cooperation between courts
§ 633.705 Taking testimony in another state
§ 633.706 Definitions
§ 633.707 Significant connection factors
§ 633.708 Exclusive basis
§ 633.709 Jurisdiction
§ 633.710 Special jurisdiction
§ 633.711 Exclusive and continuing jurisdiction
§ 633.712 Appropriate forum
§ 633.713 Jurisdiction declined by reason of conduct
§ 633.714 Notice of proceeding
§ 633.715 Proceedings in more than one state
§ 633.716 Transfer of guardianship or conservatorship to another state
§ 633.717 Accepting guardianship or conservatorship transferred from another state
§ 633.718 Registration of guardianship orders
§ 633.719 Registration of protective orders
§ 633.720 Effect of registration
§ 633.721 Uniformity of application and construction
§ 633.722 Relation to Electronic Signatures in Global and National Commerce Act
§ 633.750 Powers of trustees
§ 633.751 Applicability of law
§ 633.752 Intermediate report of trustees
§ 633.753 Final report of trustee
§ 633.754 Notice of application for discharge
§ 633.755 Discharge

Terms Used In Iowa Code > Chapter 633 - Probate Code

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means any person appointed by the court to administer an intestate estate. See Iowa Code 633.3
  • Adult: means an individual who is eighteen years of age or older. See Iowa Code 633.701
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • bank: means an entity as defined in section 12C. See Iowa Code 633D.2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Bequest: includes the word "devise" when used as a noun. See Iowa Code 633.3
  • Charges: includes costs of administration, funeral expenses, cost of monument, and federal estate taxes. See Iowa Code 633.3
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: includes an adopted child but does not include a grandchild or other more remote descendants, nor, except as provided in sections 633. See Iowa Code 633.3
  • 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
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Iowa Code 651.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservator: means a person appointed by the court to have the custody and control of the property of an adult under the provisions of this chapter. See Iowa Code 633.701
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Costs of administration: includes court costs, fiduciary's fees, attorney fees, all appraisers' fees, premiums on corporate surety bonds, statutory allowance for support of surviving spouse and children, cost of continuation of abstracts of title, recording fees, transfer fees, transfer taxes, agents' fees allowed by order of court, interest expense, including but not limited to interest payable on extension of federal estate tax, and all other fees and expenses allowed by order of court in connection with the administration of the estate. See Iowa Code 633.3
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debts: includes liabilities of the decedent which survive, whether arising in contract, tort, or otherwise. See Iowa Code 633.3
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • devise: when used as a verb. See Iowa Code 633.3
  • Devise: To gift property by will.
  • Devisee: includes legatee. See Iowa Code 633.3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributee: means a person entitled to any property of the decedent under the decedent's will or under the statutes of intestate succession. See Iowa Code 633.3
  • Docket: A log containing brief entries of court proceedings.
  • Dower: A widow
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: includes personal representative, executor, administrator, guardian, conservator, and the trustee of any 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
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign judgment: means a judgment, decree, or order of a court of the United States or of any other court that meets any of the following requirements:
  • Fraud: Intentional deception resulting in injury to another.
  • Full age: means the state of legal majority attained through arriving at the age of eighteen years or through having married, even though such marriage is terminated by divorce. See Iowa Code 633.3
  • Functional limitations: means the behavior or condition of a person which impairs the person's ability to care for the person's personal safety or to attend to or provide for necessities for the person. See Iowa Code 633.3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by the court to make decisions regarding the adult under the provisions of this chapter. See Iowa Code 633.701
  • Guardianship order: means an order appointing a guardian as defined in section 633. See Iowa Code 633.701
  • 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
  • Incapacitated person: means an adult who has been adjudged by a court to meet one of the following conditions:
  • Incompetent: means the condition of any person who has been adjudicated by a court to meet at least one of the following conditions:
  • Intellectual disability: means a diagnosis of intellectual disability or intellectual developmental disorder, global developmental delay, or unspecified intellectual disability or intellectual developmental disorder which diagnosis shall be made only when the onset of the person's condition was during the developmental period and based on an assessment of the person's intellectual functioning and level of adaptive skills. See Iowa Code 4.1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: means a testamentary disposition of personal property. See Iowa Code 633.3
  • Legacy: A gift of property made by will.
  • Letters: includes letters testamentary, letters of administration, letters of guardianship, letters of conservatorship, and letters of trusteeship. See Iowa Code 633.3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited guardianship: means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian. See Iowa Code 633.3
  • Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
  • Minor: means a person who is not of full age. See Iowa Code 633.3
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. See Iowa Code 633.701
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • 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
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Probate assets: means a decedent's property subject to administration by a personal representative. See Iowa Code 633.3
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes both real and personal property. See Iowa Code 633.3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected person: means an adult for whom a conservatorship has been issued. See Iowa Code 633.701
  • Protective order: means an order appointing a conservator as defined in section 633. See Iowa Code 633.701
  • Protective proceeding: means a judicial proceeding in which a conservatorship is sought or has been granted. See Iowa Code 633.701
  • real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 633.701
  • Recording: when applied to the official public records of a probate or other court, includes filing. See Iowa Code 614.29
  • Records: includes probate and other official public records, as well as records in the office of the county recorder. See Iowa Code 614.29
  • Register: means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of the security. See Iowa Code 633D.2
  • Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or other law of this state. See Iowa Code 651.1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Respondent: means an adult for whom a conservatorship or guardianship is sought. See Iowa Code 633.701
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Rule: includes "regulation". See Iowa Code 4.1
  • seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
  • security: includes , but is not limited to, a certificated security, an uncertificated security, and a security account. See Iowa Code 633D.2
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 633.701
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
  • Temporary administrator: means any person appointed by the court to care for an estate pending the probating of a proposed will, or to handle any special matter designated by the court. See Iowa Code 633.3
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: means the person or persons serving as trustee of a trust described in section 633. See Iowa Code 633.3
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Trusts: includes only those trusts described in section 633. See Iowa Code 633.3
  • United States: includes all the states. See Iowa Code 4.1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • week: means seven consecutive days. See Iowa Code 4.1
  • year: means twelve consecutive months. See Iowa Code 4.1