Iowa Code

Iowa Code § 633.237 (2026)

Presumption against filing elective share

✓ current as of July 2026

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1. Following the appointment of a personal representative of the estate of the decedent, the personal representative shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse that unless, within four months after service of the notice, the spouse files an election in writing with the clerk of court electing the share as set forth in section 633.236 and sections 633.238 through 633.246, the spouse shall be deemed to take under the will or to receive the intestate share. If, within the four-month period following service of the notice, an affidavit is filed setting forth that the surviving spouse is incapable of making the election and does not have a conservator, the personal representative shall make application to the court for an order pursuant to section 633.244.

2. Following the death of a settlor of a revocable trust, the trustee of such revocable trust shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse that unless, within four months after service of the notice, the spouse files an election with the trustee electing the share as set forth in section 633.236 and sections 633.238 through 633.246, the spouse shall be deemed to take under the terms of the revocable trust. If, within the four-month period following service of the notice, an affidavit is filed setting forth that the surviving spouse is incapable of making the election and does not have a conservator, the trustee shall make application to the court for an order pursuant to section 633.244.

3. If the surviving spouse has a conservator, notice shall be given to the conservator and the spouse pursuant to subsections 1 and 2.

4. The notice provisions under subsections 1 and 2 are not applicable if the surviving spouse or the spouse’s conservator files, at any time, an election to take under the will, receive the intestate share, or take under the revocable trust. If the surviving spouse fails to file an election under this section within four months of the date notice is served, it shall be conclusively presumed that the surviving spouse elects to take under the will, receive the intestate share, or take under the revocable trust.

5. Upon application of the surviving spouse or the spouse’s conservator filed before the\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) §633.237, PROBATE CODE 54\n\ntime for making the election expires, the court may extend the period in which the surviving spouse may make the election. [C73, §2452; C97, §3376; S13, §3376; C24, 27, 31, 35, 39, §12007, 12010; C46, 50, 54, 58, 62, §636.22, 636.25; C66, 71, 73, 75, 77, 79, 81, §633.237] 84 Acts, ch 1080, §3; 88 Acts, ch 1064, §2; 2005 Acts, ch 38, §13; 2009 Acts, ch 52, §3, 14; 2012 Acts, ch 1123, §3, 32 Referred to in §633.236, 633.241, 633.246, 633A.3110, 635.13 \n

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1975–2022 · leading case: Matter of Est. of Keegan, 369 N.W.2d 447 (Iowa 1985).

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Matter of Est. of Keegan, 369 N.W.2d 447 (Iowa 1985). · cites it 13× “236: When a married person dies testate as to any part of his estate, the surviving spouse shall have the right to elect to take against the will under the provisions of sections 633.237 to 633.246. Section 633.”

Larsen v. Bd. of Trs., 401 N.W.2d 860 (Iowa 1987). · cites it 2× “62 (3) (certain court actions “shall be conclusively presumed to be lawful”); Iowa Code § 633.237 (under identified circumstances “it shall be conclusively presumed that the [surviving spouse] consents to the provisions of the will and *863 elects to take thereunder”).”

Matter of Est. of Spurgeon, 572 N.W.2d 595 (Iowa 1998). “When a married person dies testate as to any part of the person’s estate, the surviving spouse shall have the right to elect to take against the will under the provisions of sections 633.237 to 633.246. If the surviving spouse has a conservator, the court may authorize or direct…”

In the Matter of the Est. of Clarence I. Laube (Iowa Ct. App. 2022). · cites it 18× “See Iowa Code § 633.237 (1) (“[T]he personal representative shall cause to be served a written notice upon the surviving spouse .”

Fryer v. United States, 399 F. Supp. 564 (S.D. Iowa 1975). · cites it 12× “§ 633.237, Iowa Code (1973). While Iowa caselaw contains numerous decisions discussing the significance of a surviving spouse’s conduct in similar situations, this Court has found no such decisions under the present and applicable probate code.”

Perrine v. United States, 423 F. Supp. 1217 (N.D. Iowa 1976). · cites it 4× “704 Code of Iowa [1972], 2 and because Iowa has a six month election limitation, § 633.237, the wife’s early 1972 disclaimer filed 8 months after decedent’s death, should be considered untimely.”

Iowa Supreme Court Attorney Disciplinary Bd. Vs. Marc William Casey (Iowa 2009). · cites it 2× “See Iowa Code §§ 633.237 , .304 (2003). William was not paid his bequest under the will while Casey was the attorney for the estate, although he 6 eventually did take under the will after representation of the estate was undertaken by another attorney.”

— Iowa Code § 633.237(1) — 1 case

In the Matter of the Est. of Clarence I. Laube (Iowa Ct. App. 2022). “See Iowa Code § 633.237 (1) (“[T]he personal representative shall cause to be served a written notice upon the surviving spouse .”

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