Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.310 (2026)

Objections prior to admission of will to probate

✓ current as of July 2026
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Nothing contained in this part shall prevent any interested person from filing objections to probate of a proposed will prior to admission of the will to probate. If such objections are filed prior to the admission of the will to probate, the will shall not be admitted to probate pending trial and determination as to whether or not the instrument is the last will of the decedent. [C24, 27, 31, 35, 39, §11833; C46, 50, 54, 58, 62, §632.2; C66, 71, 73, 75, 77, 79, 81, §633.310] 2020 Acts, ch 1063, §342

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Notes of Decisions
Cited in 6 cases, 1968–1998 · 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 8× “Also on September 23, 1977, Frank and Henry filed objections to the 1969 will pursuant to section 633.310 of the Code. That will purported to devise the farm to George and Dwayne.”
Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). · cites it 4× “309), one may file objections to the probate of the will (section 633.310); or one may seek a declaratory judgment to establish a will (section 633.”
Matter of Est. of Petersen, 570 N.W.2d 463 (Iowa Ct. App. 1997). · cites it 4× “NOTES [1] Iowa Code § 633.310 provides: Nothing herein contained shall prevent any interested person from filing objections to probate of a proposed will prior to probate thereof.”
Swartzendruber v. Lamb, 582 N.W.2d 171 (Iowa 1998). · cites it 2× “Iowa Code § 633.310 (1995). Although the language of this statute is not directed to wills that are proposed or are to be proposed, it does offer some approval for determining the validity of wills before they have been admitted to probate.”
Matter of Est. of Chapman, 239 N.W.2d 869 (Iowa 1976). “The action was brought under § 633.310, The Code, and is triable at law.”
Lamphier v. Chapman, 239 N.W.2d 869 (Iowa 1976). “The action was brought under § 633.310, The Code, and is triable at law.”
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