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Chapter 633 – Probate Code 1 PROBATE CODE, Ch 633 CHAPTER 633 PROBATE CODE Referred to in §10.1, 135C.24, 141A.1, 144B.6, 144F.1, 217.13, 222.34, 231E.5, 231E.6, 231E.8, 231E.12, 232.3, 232D.105, 232D.202, 232D.308, 232D.402, 235B.2, 235B.3, 235B.18, 235E.1, 235E.2, 235F.1, 235F.6, 239B.13, 252B.6A, 455B.172, 507B.4C, 558A.1, 565B.24, 602.6306, 602.8102(105), 633A.1107, 633A.3110, 635.1, 635.7, 635.8, 635.13, 815.11 Guardianships for minors, see chapter 232D Powers of attorney, see chapter 633B Medical assistance trusts, see chapter 633C Transfer on death security registration, see chapter 633D Uniform disclaimer of property interest Act, see chapter 633E SUBCHAPTER I 633.21 Appraisers’ fees and referees’ fees fixed by rule. INTRODUCTION AND DEFINITIONS PART 1 PART 2 INTRODUCTION CLERK OF PROBATE COURT 633.1 Short title. 633.22 Probate powers of clerk. 633.2 How probate code to take effect. 633.23 Clerk’s actions reviewed. 633.24 Docketing and hearing. 633.25 Validity of clerk’s orders. PART 2 633.26 Clerk not to prepare reports. DEFINITIONS AND USE OF TERMS 633.27 Probate docket. 633.27A Docketing guardianship and 633.3 Definitions and use of terms. conservatorship proceedings 633.4 Gender and number. Repealed — applicability of separate by 2000 Acts, ch 1188, §4. reporting requirements. 633.5 Nonestate property — insurance 633.28 Docketing trust proceedings. proceeds. Repealed by 2005 Acts, ch 38, 633.6 through 633.9 Reserved. §50. 633.29 Probate record. Repealed by 99 Acts, ch 144, §15. SUBCHAPTER II 633.30 Bonds given by fiduciaries. PROBATE COURT, CLERK OF PROBATE COURT, AND Repealed by 93 Acts, ch 70, PROCEDURE IN PROBATE §15. PART 1 633.31 Calendar — fees in probate. 633.32 Delinquent inventories and PROBATE COURT reports. 633.10 Jurisdiction. 633.11 Declaratory judgments — PART 3 determination of heirship — PROCEDURE IN PROBATE distribution. 633.12 County of jurisdiction. 633.33 Nature of proceedings in probate. 633.13 Extent of jurisdiction. 633.34 Applicability of rules of civil 633.14 Concurrent jurisdiction. procedure. 633.15 Probate court always open. 633.35 Reports and applications for Repealed by 2003 Acts, ch 151, orders. §62. 633.36 Orders in probate. 633.16 Control of probate records. 633.37 Orders without notice. 633.17 Judge disqualified — procedure. 633.38 Time and place of hearing. 633.18 Rules in probate. 633.39 Place of hearing — noncontest or 633.19 Process revoked. agreement. 633.20 Referee — clerk — associate 633.40 Notice in probate proceedings. probate judge. 633.41 Consular representatives — 633.20A Part-time associate probate judge notice. — appointment — removal — 633.42 Requests for notice. qualifications. 633.43 Notice and appearance. 633.20B Appointment and resignation 633.44 Waiver of service of notice. of full-time associate probate 633.45 Notice of order served on judges. fiduciary and attorney. 633.20C Full-time associate probate 633.46 Proof of publication. judges — term, retention, 633.47 Proof of service and payment of qualifications. costs. 633.20D Associate probate judge — 633.48 Certified copies affecting foreign jurisdiction — appeals. real estate. Tue Nov 24 19:07:12 2020 Iowa Code 2021, Chapter 633 (131, 2) Ch 633, PROBATE CODE 2 633.49 Transfer to another county. 633.88 Law governing administration of 633.50 Certified copy of transferring estates of nonresidents. court’s records. 633.89 Power of fiduciary or custodian 633.51 Filing of certified copy by to deposit securities. receiving court. 633.90 Power of a fiduciary to access 633.52 Mistakes corrected. digital assets. 633.53 Submission and retention of 633.91 and 633.92 Reserved. vouchers and receipts. 633.54 through 633.62 Reserved. PART 3 SPECIAL PROVISIONS RELATING TO PROPERTY SUBCHAPTER III 633.93 Limitation on actions affecting GENERAL PROVISIONS RELATING TO FIDUCIARIES deeds. PART 1 633.94 Platting. QUALIFICATION, APPOINTMENT, SUBSTITUTION, AND 633.95 Release of liens and mortgages. REMOVAL OF FIDUCIARIES 633.96 Specific performance voluntary. 633.63 Qualification of fiduciary — 633.97 Specific performance involuntary. resident. 633.98 Certificate of appointment and 633.64 Qualification of fiduciary — authority. nonresident. 633.99 Federal stock — authority to 633.65 Removal of fiduciary. purchase. 633.66 Appointment of successor 633.100 Waiver of exemption. fiduciary. 633.101 Appraisal. 633.67 Powers of surviving cofiduciary. 633.102 Costs and expenses. 633.68 Powers of successor fiduciary. 633.103 Certain corporate distributions. 633.69 Substitution — effect. Repealed by 99 Acts, ch 124, 633.70 Property delivered — penalty. §32. 633.71 Legal effect of appointment. 633.104 through 633.107 Reserved. 633.72 Manner of service. Repealed by 2018 Acts, ch 1027, §7, 9. PART 4 633.73 through 633.75 Reserved. PROVISIONS RELATING TO ADMINISTRATION BY ALL FIDUCIARIES PART 2 SUBPART A POWERS APPLICABLE TO ALL FIDUCIARIES GENERAL PROVISIONS 633.76 Two or more fiduciaries — 633.108 Small distributions to minors — exercise of powers. payment. 633.76A Exception — voting of publicly 633.109 Inability to distribute estate traded securities. funds. 633.77 Receipts by one fiduciary. 633.110 Receipts taken. 633.78 Fiduciary written request and 633.111 Final discharge period. third-party protection. 633.112 Discovery of property. 633.79 Fiduciaries considered as one. 633.113 Commitment. 633.80 Fiduciary of a fiduciary. 633.114 Compromise of claims held by an 633.81 Suit by and against fiduciary. estate. 633.82 Designation of attorney. 633.115 Compromise of claims against an estate. 633.83 Continuation of business. 633.116 Abandonment of property. 633.84 Delegation of authority. Encumbered assets. 633.85 Liability of fiduciary employing 633.117 agents. 633.118 Attorney appointed for persons 633.86 Reduction of fees when agents not represented. are employed. 633.119 Order and authority thereunder. 633.87 Deposit of money in banks. 633.120 Compensation. Tue Nov 24 19:07:12 2020 Iowa Code 2021, Chapter 633 (131, 2) 3 PROBATE CODE, Ch 633 633.121 Substitution — division of fee. 633.163 through 633.167 Reserved. 633.122 Settlement contested. PART 7 SUBPART B OATH AND BOND OF FIDUCIARIES INVESTMENTS BY FIDUCIARIES 633.168 Oath — certification. 633.123 Prudent investments — 633.169 Bond. fiduciaries. 633.170 Amount of bond. 633.123A Investments in investment 633.171 Approval by clerk. companies and investment 633.172 Will — waiver of bond. trusts. 633.173 Waiver of bond by distributees. 633.174 Guardians and conservators — bond. SUBPART C 633.175 Waiver of bond by court. APPOINTMENT OF A NOMINEE BY BANKING INSTITUTIONS 633.176 Reduction of bond by deposit. ACTING IN A FIDUCIARY CAPACITY 633.177 Deposit in lieu of bond. 633.178 Letters. 633.124 Investment may be held in name 633.179 Review by clerk when inventory of nominee of bank or trust is filed. company. 633.180 Bond changed. 633.125 Records of bank or trust company 633.181 Obligees of bond — joint and to show ownership. several liability. 633.182 Qualifications for sureties. 633.183 Authority for fiduciary and surety SUBPART D to enter into agreement for COMMON TRUST FUNDS deposit of property or joint control. 633.126 Definitions. 633.184 Release of sureties before estate 633.127 Establishment of common trust fully administered. funds. 633.185 Insolvency of fiduciary. 633.128 Court accountings. 633.186 Suit on bond. 633.129 Uniformity of interpretation. 633.187 Limitation of action on bond. 633.188 through 633.196 Reserved. SUBPART E SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS PART 8 COMPENSATION OF FIDUCIARIES AND ATTORNEYS 633.130 through 633.138 Repealed by 96 Acts, ch 1138, §82, 84. 633.197 Compensation — schedule of 633.139 through 633.143 Reserved. fees. 633.198 Attorney fee. 633.199 Expenses and extraordinary PART 5 services. POWERS OF FOREIGN FIDUCIARIES 633.200 Compensation of other fiduciaries and their attorneys. 633.144 Mortgages and judgments. 633.201 Court officers as fiduciaries. 633.145 Certificate of appointment and 633.202 Affidavit relative to authority. compensation. 633.146 Filing of certificate. 633.203 Affidavit for corporate fiduciary. 633.147 Record. 633.204 Fees of deceased fiduciary. 633.148 Maintaining actions. 633.205 through 633.209 Reserved. 633.149 Filing of bond. 633.150 through 633.154 Reserved. SUBCHAPTER IV INTESTATE SUCCESSION PART 6 PART 1 LIABILITY OF FIDUCIARIES RULES OF INHERITANCE 633.155 Self-dealing by fiduciary prohibited. 633.210 Rules of descent. 633.156 Deposits by corporate fiduciaries. 633.211 Share of surviving spouse if 633.157 Liability for property of estate. decedent left no issue or left 633.158 Liability for property not a part issue all of whom are issue of of estate. surviving spouse. 633.159 Judgment — execution. 633.212 Share of surviving spouse if 633.160 Breach of duty. decedent left issue some 633.161 Examination of fiduciaries. of whom are not issue of 633.162 Penalty. surviving spouse. Tue Nov 24 19:07:12 2020 Iowa Code 2021, Chapter 633 (131, 2) Ch 633, PROBATE CODE 4 633.213 Appraisal. 633.250 Report — delinquency. 633.214 Procedure determined by court. 633.251 Confirmation — new reference. 633.215 Notice. 633.252 Confirmation conclusive — 633.216 Objections. possession. 633.217 Trial. 633.253 Right contested. 633.218 Right of spouse to select property. 633.254 Sale — division of proceeds. 633.219 Share of others than surviving 633.255 Purchase of new homestead. spouse. 633.256 Security to avoid sale. 633.220 Afterborn heirs — time of 633.257 Security by surviving spouse. determining relationship. 633.258 Sale prohibited. 633.220A Posthumous child. 633.259 through 633.263 Reserved. 633.221 Biological child — inherit from mother. 633.222 Biological child — inherit from SUBCHAPTER VI father. WILLS 633.223 Effect of adoption.
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