1. An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons’ last known addresses.
2. A party claiming the decedent’s will was procured in whole or in part by tortious interference with inheritance must join such claim together in a timely will contest. The time period set out in this section applies to both the will contest and procurement of the decedent’s will by tortious interference with inheritance if the party making the claim was given notice pursuant to section 633.304. [C51, §1659; R60, §1075, 1865, 2740; C73, §486, 2529; C97, §3447; S13, §2963-g, 3447; C24, 27, 31, 35, 39, §11007; C46, 50, 54, 58, 62, §614.1(3); C66, 71, 73, 75, 77, 79, 81, §633.309] 84 Acts, ch 1080, §8; 89 Acts, ch 35, §5; 2023 Acts, ch 124, §4 \n
Notes of Decisions
Matter of Est. of Weidman, 476 N.W.2d 357 (Iowa 1991).
· cites it 18× “Iowa Code § 633.309 (1985). Plaintiff concedes that defendant as executor complied with the 1986 statutory procedures governing notice.”
Matter of Est. of Thompson, 346 N.W.2d 5 (Iowa 1984).
· cites it 12× “” The proponents of the will answered denying the material allegations of the petition and affirmatively alleging that plaintiffs’ claims were barred by reason of the statute of limitations contained in Iowa Code section 633.309 (1981). In their reply to this affirmative defense…”
Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968).
· cites it 12× “Also that filing plaintiff's petition on September 10, 1966 met the requirement of code section 633.309. On defendants' motion for adjudication of law points under rules 105 and 176 Rules of Civil Procedure the trial court held, as indicated at the outset hereof, that merely…”
Matter of Est. of Dull, 303 N.W.2d 402 (Iowa 1981).
· cites it 4× “The last day to file a will contest under the provisions of section 633.309, The Code 1979, was therefore June 11, 1979.”
Huffey v. Lea, 491 N.W.2d 518 (Iowa 1992).
· cites it 4× “2d at 793 (citing Iowa Code § 633.309 (1975), as amended). We nevertheless held that the plaintiff was not precluded from pursuing a law action against certain defendants for their alleged wrongful interference with a bequest.”
Elkader Prod. Credit Ass'n v. Eulberg, 251 N.W.2d 234 (Iowa 1977).
· cites it 4× “Rather, counsel for defendants in trial court, not now representing them, relied on Code § 633.309 and the trial judge, in entering the adjudication from which this appeal is taken, focused entirely on the last cited enactment.”
Pariseau v. First Nat'l Bank of Council Bluffs, 443 N.W.2d 711 (Iowa 1989).
· cites it 6× “The district court found Genevieve’s application failed to comply in a timely fashion with Iowa Code section 633.309, and sustained the executor’s resistance to the application.”
Matter of Est. of Willis, 418 N.W.2d 857 (Iowa 1988).
· cites it 6× “The referee concluded that the action had not been commenced within the statutory period in Iowa Code section 633.309 and dismissed the case. The plaintiffs next filed a notice of appeal to this court.”
Gigilos v. Stavropoulos, 229 N.W.2d 721 (Iowa 1975).
· cites it 3× “On motion by the proponent that amendment was dismissed on the ground it showed on its face it was barred by the one-year period of limitation in § 633.309, The Code. Subsequently a new amendment was filed also seeking to add a third ground for setting aside the will, alleging…”
Frohwein v. Haesemeyer, 264 N.W.2d 792 (Iowa 1978).
“In answer to plaintiff’s petition defendants alleged that the action had been commenced more than six months after the second publication of the notice of probate of will, and that plaintiff’s action to contest the will was barred by the provisions of § 633.309, The Code, 1975,…”
Matter of Est. of Pearson, 319 N.W.2d 248 (Iowa 1982).
· cites it 2× “The parties agree that: plaintiff’s husband was a beneficiary under a prior will; he is not a beneficiary under the will in question, dated July 27, 1978; he is barred from contesting the will by section 633.309, The Code; and the pending dissolution between plaintiff and her…”
In Re Est. of Klages, 209 N.W.2d 110 (Iowa 1973).
· cites it 2× “Code 1973, § 633.309. The present declaratory judgment action was *115 not commenced within a year.”
— Iowa Code § 633.309(1) — 1 case
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