Iowa Code

Iowa Code § 633.304 (2026)

Notice of probate of will with administration

✓ current as of July 2026
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1. As used in this section, “heir” means only such person as would, in an intestate estate, be entitled to a share under section 633.219.

2. On admission of a will to probate, the executor, as soon as letters are issued, shall cause notice to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending. At any time during the pendency of administration that the executor has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, the executor shall provide notice by ordinary mail to each such claimant at the claimant’s last known address. The executor shall also, as soon as practicable give notice, except to any executor, by ordinary mail to the surviving spouse, each heir of the decedent, and each devisee under the will admitted to probate whose identities are reasonably ascertainable, at such persons’ last known addresses, of admission of the will to probate and of the appointment of the executor. In the notice shall be included a notice that any action to set aside the probate of the will must be brought within the later to occur of four months from the date of the second publication of the notice or one month from the date of mailing of this notice or thereafter be forever barred, a notice to debtors to make payment, and a notice to creditors having claims against the estate to file them with the clerk within four months from the second publication of the notice, or thereafter be forever barred.

3. The notice shall be substantially in the following form: In the District Court of Iowa in and for .................... County. Probate No. ................ In the Estate of NOTICE OF PROBATE OF WILL, ...................., Deceased OF APPOINTMENT OF EXECUTOR, AND NOTICE TO CREDITORS To All Persons Interested in the Estate of ........................, Deceased, who died on or about ................ (date): You are hereby notified that on the ........ day of ............ (month), ............ (year), the last will and testament of ........................, deceased, bearing the date of the ........ day of ............ (month), ............ (year), was admitted to probate in the above-named court and that ........................ was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred. \n Tue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) 69 PROBATE CODE, §633.304A\n\n Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred. Dated this ........ day of ............ (month), ............ (year) ........................ Executor of estate ................................ Address ........................ Attorney for executor ................................ Address Date of second publication ........ day of ............ (month), ............ (year) (Date to be inserted by publisher) [C51, §1357, 1358; R60, §2389, 2390; C73, §2366; C97, §3304; C24, 27, 31, 35, 39, §11890; C46, 50, 54, 58, 62, §633.46; C66, 71, 73, 75, 77, 79, 81, §633.304] 84 Acts, ch 1080, §6; 89 Acts, ch 35, §3; 93 Acts, ch 111, §3; 2000 Acts, ch 1058, §67; 2000 Acts, ch 1150, §4; 2002 Acts, ch 1119, §98; 2013 Acts, ch 90, §217; 2014 Acts, ch 1092, §137; 2015 Acts, ch 30, §181; 2016 Acts, ch 1073, §173 Referred to in §590.1, 633.230, 633.305, 633.309, 633A.3109, 633A.3111, 635.13 \n

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1968–2025 · leading case: Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968).
Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). · cites it 32× “The appointees filed their oaths as executors, letters of appointment issued and notice of probate, dated September 8, was published on September 10 and 17, 1965 in strict compliance with Code section 633.304. (References, unless otherwise indicated, are to Iowa Code 1966.”
Matter of Est. of Weidman, 476 N.W.2d 357 (Iowa 1991). · cites it 16× “Iowa Code § 633.304 (1985). The purpose of publication was to advise creditors and persons seeking to contest the will that any actions or claims must be filed within four months of the second publication date or be forever barred.”
Est. of Beck v. Engene, 557 N.W.2d 270 (Iowa 1996). · cites it 31× “A brief history of the notice and limitations provisions, concerning the probate of a will, will be beneficial to our discussion.”
In the Matter of the Est. of Ralph Roethler, Kent Lewis & Becky Lewis v. Angela M. Kuehn, Cheryl L. Upton, Jacquelyn F. Betsworth, Daniel W. Roethler, Mary Anne James, James F. Roethler, Donald A. Roethler, Constance L. Duke, Gerald E. Roethler, Kathleen S. Good, John M. Roethler, Daniel Lee Homan, & Frank E. Homan, 801 N.W.2d 833 (Iowa 2011). · cites it 2× “The district court found the executor of the estate failed to perform “all necessary acts” because the executor failed to notify the plaintiffs of the probate of the will, in violation of Iowa Code section 633.304, which requires all persons “believed to own or possess a claim”…”
Comm. on Prof'l Ethics & Conduct of the Iowa State Bar Ass'n v. Burrows, 402 N.W.2d 749 (Iowa 1987). · cites it 4× “Iowa Code § 633.304 , however, requires a notice to creditors to be published “as soon as letters are issued.”
Sieh v. Sieh, 713 N.W.2d 194 (Iowa 2006). · cites it 2× “On February 20, 2004, Mary Jane caused herself to be appointed executor of Edward’s estate and published notice thereof pursuant to Iowa Code section 633.304. She immediately filed an election *196 to take against the will.”
Pariseau v. First Nat'l Bank of Council Bluffs, 443 N.W.2d 711 (Iowa 1989). · cites it 2× “See Iowa Code § 633.304 . The executor concedes that Genevieve filed her petition within the four month limitation of section 633.”
Stewart v. DeMoss, 590 N.W.2d 545 (Iowa 1999). · cites it 4× “” Iowa Code § 633.304 . Because Stewart has never asserted the application of this statute to his claim, we express no opinion on whether the statute applies.”
Matter of Est. of Daily, 555 N.W.2d 254 (Iowa Ct. App. 1996). · cites it 4× “An action to contest or set aside the probate of a will was to be commenced within the later of either four months from the date of the second publication or one month following the mailing of notice to all reasonably ascertainable heirs.”
In the Matter of the Est. of Arlene Kae Severidt (Iowa Ct. App. 2025). · cites it 12× “” 4 Iowa Code section 633.304(2) requires that the executor, “as soon as practicable give notice, except to any executor, by ordinary mail to .”
Brummel v. Crookham, 555 N.W.2d 254 (Iowa Ct. App. 1996). · cites it 4× “An action to contest or set aside the probate of a will was to be commenced within the later of either four months from the date of the second publication or one month following the mailing of notice to all reasonably ascertainable heirs.”
Amanda Kerber, Melissa Kerber, & Jeremy Kerber v. Marie Eischeid, Marguerite Nielsen, Teresa Smith, Annette Firkus, Kathleen Kasparbauer, & Mary Smith (Iowa Ct. App. 2016). · cites it 6× “Third, they argue proper notice of the opening of the mother’s estate and the amended trust was given and the district court’s ruling to the contrary circumvents the established notice provisions of Iowa Code section 633.304. Fourth, they argue the district court’s award of a…”
— Iowa Code § 633.304(2) — 2 cases
In the Matter of the Est. of Arlene Kae Severidt (Iowa Ct. App. 2025). “” 4 Iowa Code section 633.304(2) requires that the executor, “as soon as practicable give notice, except to any executor, by ordinary mail to .”
— Iowa Code § 633.304(3) — 1 case
In the Matter of the Est. of Arlene Kae Severidt (Iowa Ct. App. 2025). “” 4 Iowa Code section 633.304(2) requires that the executor, “as soon as practicable give notice, except to any executor, by ordinary mail to .”
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