Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.285 (2026)

Custodian — filing — penalty

✓ current as of July 2026
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After being informed of the death of the testator, the person having custody of the testator’s will shall deliver it to the court having jurisdiction of the testator’s estate. Every person who willfully refuses or fails to deliver a will after being ordered by the court to do so shall be guilty of contempt of court. The person shall also be liable to any person aggrieved for the damages which may be sustained by such refusal or failure. [C51, §1291, 1292; R60, §2323, 2324; C73, §2338, 2339; C97, §3282; C24, 27, 31, 35, 39, §11862; C46, 50, 54, 58, 62, §633.17; C66, 71, 73, 75, 77, 79, 81, §633.285] Referred to in §633.286

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Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1998–2026 · leading case: Matter of Est. of Lamb, 584 N.W.2d 719 (Iowa Ct. App. 1998).
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Matter of Est. of Lamb, 584 N.W.2d 719 (Iowa Ct. App. 1998). · cites it 2× “285 provides: After being informed of the death of the testator, the person having custody of the testator’s will shall deliver it to the court having jurisdiction of the testator’s estate. Every person who willfully refuses or fails to deliver a will after being ordered by the…”
In the Matter of the Est. of Lorraine Schultz (Iowa Ct. App. 2026). · cites it 2× “See Iowa Code § 633.285 (establishing penalties for failing to deliver a will for filing).”
In the Matter of the Est. of Dorothy L. Bastian (Iowa Ct. App. 2026). · cites it 2× “Second, it is consistent with Iowa Probate Code to read the term “will” in Iowa Code section 633.285— which mandates delivery of the will to the court following the testator’s death—as including the separate writing under section 633.”
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