Iowa Code

Iowa Code § 633.293 (2026)

Hearing upon petition

✓ current as of July 2026

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Upon the filing of a petition for probate of a will, the court or the clerk may, in its or the clerk’s discretion, hear it forthwith, or at such time and place as the court or clerk may direct, with or without requiring notice, and upon proof of due execution of the will, admit the same to probate. [C51, §1294; R60, §2326; C73, §2341; C97, §3284; S13, §3284; C24, 27, 31, 35, 39, §11865; C46, 50, 54, 58, 62, §633.20; C66, 71, 73, 75, 77, 79, 81, §633.293] Referred to in §633.279\n\n 633.294 Order of preference for appointment of executor. Letters testamentary may be granted to one or more persons found to be qualified. Preference for appointment shall be in the following order:

1. The person designated in the will;

2. Any beneficiary named in the will, or a person nominated by the beneficiaries;

3. Any creditor of the deceased, or a person nominated by such creditor;

4. Such other person as the court may find to be qualified. [C66, 71, 73, 75, 77, 79, 81, §633.294] \n

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1968–2024 · leading case: Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968).

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Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). · cites it 12× “Section 633.293 expressly provides that when a petition for probate of a will is filed the court or clerk may, in its or his discretion, hear it forthwith, with or without requiring notice, and upon proof of due execution admit it to probate.”

Matter of Est. of Weidman, 476 N.W.2d 357 (Iowa 1991). · cites it 2× “Iowa Code § 633.293 (1985). On admission of the will, the appointed executor was required to publish notice of probate for two consecutive weeks in a newspaper published within the county in which the estate was pending.”

In the Matter of the Est. of Pamela Ann Gavin (Iowa Ct. App. 2024). “§ 633.293. And when a party petitions to admit a will, the court may decide on its own to set a hearing on the petition.”

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