Iowa Code

Iowa Code § 633.290 (2026)

Petitions after death of testator

✓ current as of July 2026

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1. After the death of the testator, any interested person may file a verified petition in the district court of the proper county for any of the following: a. To have the will admitted to probate.

b. For the appointment of the executor. c. To request a hearing before the will is admitted to probate. d. To request a hearing before the appointment of the executor.

e. For the production of the purported will of the decedent to be filed by the person believed by the petitioner to be in possession of the will.

2. Petitions for any of the reasons specified in subsection 1 may be combined. [C66, 71, 73, 75, 77, 79, 81, §633.290] 2013 Acts, ch 30, §192; 2013 Acts, ch 33, §3, 9 Referred to in §635.1 \n

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1980–2025 · leading case: Matter of Est. of Franzkowiak, 290 N.W.2d 1 (Iowa 1980).

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Matter of Est. of Franzkowiak, 290 N.W.2d 1 (Iowa 1980). · cites it 2× “We pass the apparent absence of the required verified petition for probate under *5 section 633.290 and sworn testimony by the will witnesses under section 633.”

Winslow v. Poole (Iowa Ct. App. 2025). · cites it 2× “” Iowa Code § 633.290 . in, and not as a clog to, the administration of justice.”

In the Matter of the Guardianship & Conservatoship of Vernon D. Radda (Iowa 2021). “Iowa Code § 633.290 . No provision of the Iowa Probate Code allows an action to set aside a will while the testator is alive.”

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