Iowa Code

Iowa Code § 611.22 (2026)

Actions by or against legal representatives or successors in interest — substitution

✓ current as of July 2026

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Any action contemplated in sections 611.20 and 611.21 may be brought, or the court, on motion, may allow the action to be continued, by or against the legal representatives or successors in interest of the deceased. Such action shall be deemed a continuing one, and to have accrued to such representative or successor at the time it would have accrued to the deceased if the deceased had survived. If such is continued against the legal representative or successor in interest of the defendant, a notice shall be served as in case of original notices. If such an action by the deceased is allowed to be continued, then the court shall appoint a personal representative for the deceased as defined in section 633.3 or shall allow a successor under section 633.356 to continue the action. [C51, §1699; R60, §4111; C73, §2527; C97, §3445; C24, 27, 31, 35, 39, §10959; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.22] 2021 Acts, ch 7, §1, 2 Manner of service, R.C.P. 1.302 – 1.315 2021 amendment applies to actions that arise on or after July 1, 2021; 2021 Acts, ch 7, §2

Notes of Decisions

Cited in 11 cases, 1981–2016 · leading case: Mary E. Roth & Michael A. Roth, Individually & as Coexecutors of the Est. of Cletus Roth, Anna M. Roth, Individually, & Bradley E. Roth, Individually v. the Evangelical Lutheran Good Samaritan Soc'y D/B/A Good Samaritan Soc'y - George, 886 N.W.2d 601 (Iowa 2016).

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Mary E. Roth & Michael A. Roth, Individually & as Coexecutors of the Est. of Cletus Roth, Anna M. Roth, Individually, & Bradley E. Roth, Individually v. the Evangelical Lutheran Good Samaritan Soc'y D/B/A Good Samaritan Soc'y - George, 886 N.W.2d 601 (Iowa 2016). · cites it 2× “The cause of action thus preserved is deemed to accrue to the decedent’s estate representative “at the time it would have accrued to the deceased if he had survived.”

Maghee v. State, 773 N.W.2d 228 (Iowa 2009). “” Iowa Code § 611.22 (2005). Importantly, the limiting phrase, “if from the nature of the case the cause of action can survive or continue,” is no longer part of the statute.”

James Cunningham, Tony Williams v. Governor Robert D. Ray, 648 F.2d 1185 (8th Cir. 1981). “Iowa Code § 611.22 (1979). Surviving relatives have no standing to bring suit on such a cause of action in an individual capacity.”

Est. of Dyer Ex Rel. Lirot v. Krug, 533 N.W.2d 221 (Iowa 1995). “See Iowa Code § 611.22 (1993) (allowing the “legal representatives or successors in interest of the deceased” to bring a wrongful death claim).”

Brown v. Vonnahme, 343 N.W.2d 445 (Iowa 1984). “Iowa Code § 611.22 (1981). After trial, the trial court held on October 25, 1982, that a judgment lien does not attach to a joint tenant’s interest in property until a severance has occurred; that an agreement had never been reached between the parties for settlement of…”

Est. of Butler Ex Rel. Butler v. Maharishi Univ. of Mgmt., 460 F. Supp. 2d 1030 (S.D. Iowa 2006). “Iowa Code § 611.22 . “The right to recover wrongful death damages vests exclusively in the personal representative of the estate.”

Consul Gen. of Repub. of Indonesia v. Bill's Rentals, Inc., 330 F.3d 1041 (8th Cir. 2003). “the legal representative or successors in interest of the deceased,” Iowa Code § 611.22 (2002), for the benefit of the estate.”

Baedke v. John Morrell & Co., 748 F. Supp. 700 (N.D. Iowa 1990). “See also Iowa Code § 611.22 (regarding substitution of legal representative of the deceased).”

Anderson v. Bristol, Inc., 847 F. Supp. 2d 1128 (S.D. Iowa 2012). “” Iowa Code § 611.22 provides that any action “contemplated in section[ ] 611.”

Amended December 30, 2016 Mary E. Roth & Michael A. Roth, Individually & as Coexecutors of the Est. of Cletus Roth, Anna M. Roth, Individually, & Bradley E. Roth, Individually v. The Evangelical Lutheran Good Samaritan Soc'y D/B/A Good Samaritan Soc'y - George (Iowa 2016). · cites it 2× “The cause of action thus preserved is deemed to accrue to the decedent’s estate representative “at the time it would have accrued to the deceased if he had survived.”

Valentino Maghee Vs. State Of Iowa (Iowa 2009). “” Iowa Code § 611.22 (2005). Importantly, the limiting phrase, “if from the nature of the case the cause of action can survive or continue,” is no longer part of the statute.”

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