Iowa Code

Iowa Code § 633.243 (2026)

Filing elections

✓ current as of July 2026

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The filing of the elective share and the election to receive a life estate in the homestead shall be filed in the office of the clerk in which the decedent’s estate is being administered and served on the trustee of the revocable trust. The court where the election is filed shall have exclusive jurisdiction over all matters regarding elections under this chapter. [C24, 27, 31, 35, 39, §12010; C46, 50, 54, 58, 62, §636.25; C66, 71, 73, 75, 77, 79, 81, §633.243] 2005 Acts, ch 38, §19 Referred to in §633.236, 633.237

Notes of Decisions

Cited in 2 cases, 1975–1985 · 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 2× “Section 633.243: The election to take against the will and the election to occupy the homestead shall be filed in the office of the clerk.”

Fryer v. United States, 399 F. Supp. 564 (S.D. Iowa 1975). “While it is true that the 1963 Code contained some minor procedural changes and reversed the presumption of the 1946 Code as to what occurs should the surviving spouse die before the election, the Court finds that these revisions do not alter the concept that the surviving…”

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