Iowa Code

Iowa Code § 633.264 (2026)

Disposal of property by will

✓ current as of July 2026

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Subject to the rights of the surviving spouse to take an elective share as provided by section 633.236, any person of full age and sound mind may dispose by will of all the person’s property, except an amount sufficient to pay the debts and charges against the person’s estate. [C51, §1277, 1407; R60, §2309, 2435; C73, §2322, 2452; C97, §3270, 3376; S13, §3376; C24, 27, 31, 35, 39, §11846, 12006; C46, 50, 54, 58, 62, §633.1, 636.21; C66, 71, 73, 75, 77, 79, 81, §633.264] 2005 Acts, ch 38, §25; 2006 Acts, ch 1030, §77 Referred to in §726.25

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1971–2022 · leading case: In Re the Est. of Miguet, 185 N.W.2d 508 (Iowa 1971).

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In Re the Est. of Miguet, 185 N.W.2d 508 (Iowa 1971). · cites it 2× “See The Code 1966, Section 633.264; In re Estate of Dobals, 176 Iowa 479, 487-188 , 157 N.”

In the Matter of the Est. of Dennis R. Peterson (Iowa Ct. App. 2022). · cites it 8× “DHS and the estate claim the executor had the statutory authority to sell real estate under section 633.264. Finally, both DHS and the estate claim the matter of abatement is not ripe and request that, “to the extent the district court relied on abatement, that portion of the…”

In the Matter of the Est. of Leonard F. Dolezal (Iowa Ct. App. 2021). · cites it 2× “” Yet, defying semantics, Kenneth argues that the phrase “sufficient mental capacity” differs from the requirement of a “sound mind” to dispose of property by a will under Iowa Code section 633.264. To bolster his argument, he cites this treatise passage: In some cases, the…”

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