1. The chief judge of the judicial district may appoint a referee in probate for the auditing of the accounts of fiduciaries and for the performance of other ministerial duties the chief judge prescribes. A person shall not be appointed as referee in a matter where the person is acting as a fiduciary or as the attorney.
2. The chief judge of the judicial district may appoint the clerk as referee in probate. In such cases, the fees received by the clerk for serving in the capacity of referee are fees of the office of the clerk of court and shall be deposited in the account established under section 602.8108.
3. A person appointed as an associate probate judge shall have jurisdiction to audit accounts of fiduciaries and to perform ministerial duties as a referee provided in this section and shall have additional jurisdiction to perform the judicial functions provided in section 633.20D. [C73, §2412; C97, §3393; C24, 27, 31, 35, 39, §12041; C46, 50, 54, 58, 62, §638.1; C66, 71, 73, 75, 77, 79, 81, §633.20] 83 Acts, ch 186, §10122, 10201; 93 Acts, ch 70, §11; 94 Acts, ch 1074, §11; 99 Acts, ch 93, §11; 2000 Acts, ch 1057, §17; 2010 Acts, ch 1159, §13 \n
Notes of Decisions
In Re the Guardianship of B.J.P., 613 N.W.2d 670 (Iowa 2000).
· cites it 13× “See Iowa Code § 633.20 (3). The associate probate judge was not only given “jurisdiction” which mirrored the authorized acts of a referee, but was also granted “jurisdiction” to perform “judicial functions as the court prescribes.”
In Re Est. of Pierce, 60 N.W.2d 894 (Iowa 1953).
· cites it 8× “As authorized by section 633.20, Code, 1950 (all Code references herein are to that Code), the clerk of the district court prescribed notice of the time fixed for probate of the will by one publication in the Times-Republican, a daily newspaper printed in Marshalltown, and…”
In the Matter of M.W., Alleged to Be Seriously Mentally Impaired, M.W., 894 N.W.2d 526 (Iowa 2017).
· cites it 4× “(quoting Iowa Code § 633.20 (3) (1997)). To support our holding, we noted that “we recently held that a hospitalization referee had statutory authority to enter final decisions for the purposes of appellate review” and mentioned that section 229.”
Matter of Est. of Willis, 418 N.W.2d 857 (Iowa 1988).
· cites it 4× “Iowa Code section 633.20 gives the district court authority to appoint a referee in probate.”
Hoover v. Hoover, 26 N.W.2d 98 (Iowa 1947).
· cites it 4× “” "Webster’s New International Dictionary, Second Edition. See, also, 23 Words and Phrases, Perm.”
In Re Lamm's Est., 67 N.W.2d 613 (Iowa 1954).
· cites it 4× “Section 633.20, Code, 1954, in substance requires notice of the time fixed for proving a will by publication for three weeks or in such manner as the court, judge or clerk may prescribe.”
Pierce v. Hildebrand, 103 F. Supp. 396 (S.D. Iowa 1952).
· cites it 2× “Section 633.20 of the Code of Iowa 1946, I.”
— Iowa Code § 633.20(1) — 1 case
In Re the Guardianship of B.J.P., 613 N.W.2d 670 (Iowa 2000).
“See Iowa Code § 633.20 (3). The associate probate judge was not only given “jurisdiction” which mirrored the authorized acts of a referee, but was also granted “jurisdiction” to perform “judicial functions as the court prescribes.”
— Iowa Code § 633.20(3) — 1 case
In Re the Guardianship of B.J.P., 613 N.W.2d 670 (Iowa 2000).
“See Iowa Code § 633.20 (3). The associate probate judge was not only given “jurisdiction” which mirrored the authorized acts of a referee, but was also granted “jurisdiction” to perform “judicial functions as the court prescribes.”
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