Iowa Code
Iowa Code § 633.11 (2026)
Declaratory judgments — determination of heirship — distribution
✓ current as of July 2026
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During the administration of an estate, the district court sitting in probate shall have full, legal and equitable powers to make declaratory judgments in all matters involved in the administration of the estate, including those pertaining to the title of real estate, the determination of heirship, and the distribution of the estate. It shall have full, legal and equitable powers to enter final orders and decrees in all probate matters to effectuate its jurisdiction and to carry out its orders, judgments, and decrees. [C66, 71, 73, 75, 77, 79, 81, §633.11]
\nNotes of Decisions
Cited in 12
cases, 1968–1995 · leading case: Catholic Charities of the Diocese of Sioux City v. Staab's Est., 173 N.W.2d 866 (Iowa 1970).
Catholic Charities of the Diocese of Sioux City v. Staab's Est., 173 N.W.2d 866 (Iowa 1970). “This is an action for a declaratory judgment under section 633.11, Code. Executors of estate of Mary Groh Staab, deceased, asked the Court for directions respecting the distribution of two shares of the residuary portion of the decedent's estate.”
Matter of Est. of Bliven, 236 N.W.2d 366 (Iowa 1975). “Bli-ven estate (intestate) for declaratory judgment (Section 633.11, The Code 1971) resulted in final adjudication by trial court holding funds passing to charitable institutions pursuant to settlement agreement in avoidance of a will contest are exempt from Iowa inheritance tax…”
Schaefer v. Merchants Nat'l Bank of Cedar Rapids, 160 N.W.2d 318 (Iowa 1968). “We conclude testatrix’s concern for Charles’ share of the trust extended only to Charles and his then wife and that she intended the remaining portions of his share to become the property of George, his children or his grandchildren.”
In Re Est. of Safley, 193 N.W.2d 118 (Iowa 1971). “This declaratory judgment action in equity as authorized by Code section 633.11 seeks determination of proper distribution and administration of estate matters.”
In Re Est. of Klages, 209 N.W.2d 110 (Iowa 1973). “2d 536 (declaratory judgment proceeding is proper to determine meaning and effect of a decree); Code 1973, § 633.11 (courts may render declaratory judgments in probate proceedings); rules 262, 264, Rules of Civil Procedure (declaratory judgments regarding wills).”
Matter of Est. of Carpenter, 533 N.W.2d 497 (Iowa 1995). “Such actions are authorized by Iowa Code section 633.11 (1991). At issue, is the continuing validity, if any, of an option to buy stock in the Monticello State Bank that was conferred by decedent's will on designated officers of that bank and the profit-sharing trust for the…”
Matter of Est. of Prehoda, 309 N.W.2d 516 (Iowa Ct. App. 1981). “For this reason we treat the trial court’s order from which this appeal has been taken as a declaratory judgment authorized pursuant to section 633.11, The Code. In so doing, however, we express no opinion on how this collateral ruling may affect the merits of the underlying…”
In re the Est. of Newby, 159 N.W.2d 496 (Iowa 1968). “Objector cites sections 633.11, 633.83, 633.410, 633.431 and 633.”
In Re Est. of Oppelt, 203 N.W.2d 213 (Iowa 1972). “Code, 1971, §§ 633.11, 633.389, 633.391. Reversed and remanded with directions.”
Beckmann v. Densmore, 533 N.W.2d 497 (Iowa 1995). “Such actions are authorized by Iowa Code section 633.11 (1991). At issue, is the continuing validity, if any, of an option to buy stock in the Monticello State Bank that was conferred by decedent’s will on designated officers of that bank and the profit-sharing trust for the…”
Wheeler v. Knupp, 203 N.W.2d 213 (Iowa 1972). “Code, 1971, §§ 633.11, 633.-389, 633.391. Reversed and remanded with directions.”
Matter of Est. of MacK, 373 N.W.2d 97 (Iowa 1985). “In the present case, *99 however, the petition for declaratory judgment was filed in the estate of Bonnie Jean Mack and docketed in probate as permitted by Iowa Code section 633.11 (1983). We have recognized that under Iowa Code section 633.”
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