Iowa Code
Iowa Code § 633.308 (2026)
Setting aside probate of will
✓ current as of July 2026
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Any interested person may petition to set aside the probate of a will by filing a written petition in the probate proceedings. The petition for such purpose shall state the grounds therefor. [C51, §1297; R60, §2329; C73, §2353; C97, §3296; C24, 27, 31, 35, 39, §11882; C46, 50, 54, 58, 62, §633.38; C66, 71, 73, 75, 77, 79, 81, §633.308]
\nNotes of Decisions
Cited in 19
cases (10 in the last 5 years), 1968–2026 · leading case: Matter of Est. of Pearson, 319 N.W.2d 248 (Iowa 1982).
Matter of Est. of Pearson, 319 N.W.2d 248 (Iowa 1982). “The district court sustained a motion to dismiss filed by the beneficiaries under the will on the basis that plaintiff was not an interested party under section 633.308, The Code, and therefore lacked standing to contest the will.”
Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). “One may ask to have a will set aside by filing a petition in the probate proceedings within one year from the executor's second publication of notice of admission of the will to probate (sections 633.308, 633.309), one may file objections to the probate of the will (section 633.”
Swartzendruber v. Lamb, 582 N.W.2d 171 (Iowa 1998). “Iowa Code § 633.308 (1995). Our reading of this statute suggests that it only deals with the right to challenge a will that has been admitted to probate.”
Pariseau v. First Nat'l Bank of Council Bluffs, 443 N.W.2d 711 (Iowa 1989). “Iowa Code section 633.308 provides that a person “may petition to set aside the probate of a will by filing a written petition in the probate proceedings.”
Est. of Beck v. Engene, 557 N.W.2d 270 (Iowa 1996). “See Iowa Code § 633.308 . In contrast, Merritt is an heir-at-law of Fred, making him a class 5 heir of Mary.”
Matter of Est. of Franzkowiak, 290 N.W.2d 1 (Iowa 1980). “The General Assembly provided in section 633.308, The Code: Any interested person may petition to set aside the probate of a will by filing a written petition in the probate proceedings.”
Matter of Est. of Prehoda, 309 N.W.2d 516 (Iowa Ct. App. 1981). “Scherrer, appeal from trial court’s order rejecting their claims asserted in response to plaintiffs’ petition to set aside probate of a will under section 633.308, The Code 1979. Defendants claim 1) that plaintiffs’ action is precluded by a 1965 joint and mutual will executed by…”
In the Matter of the Est. of Ross C. River (Iowa Ct. App. 2024). “See Iowa Code § 633.308 (2021). And to show that he is an heir, Claeys must prove both River’s paternity and that River recognized him as a son either in writing or generally and notoriously.”
In the Matter of the Guardianship & Conservatoship of Vernon D. Radda (Iowa 2021). “When the legislature wants to allow an interested party a right to sue in the Probate Code, it says so expressly as it did most notably in section 633.308 for postdeath will contests.”
Harold Youngblut v. Leonard Youngblut (Iowa 2020). “See Iowa Code §§ 633.308 ., .487, .488, .489.”
Richard Alan Kessler & Richard L. Kessler v. Mercedes Kessler, Individually & as Co-Ex'r of the Est. of Charles L. Kessler, & Tom Thompson, as Co-Ex'r of the Est. of Charles L. Kessler (Iowa Ct. App. 2019). “See Iowa Code § 633.308 (authorizing 4 “[a]ny interested person [to] petition to set aside the probate of a will”).”
In the Matter of the Est. of Leonard F. Dolezal (Iowa Ct. App. 2021). “Iowa Code § 633.308 ; see In re Estate of Herm, 284 N.”
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