Iowa Code
Iowa Code § 633.311 (2026)
Contest or objection shall be tried as a law action
✓ current as of July 2026
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An action objecting to the probate of a proffered will, or to set aside a will, is triable in the probate court as an action at law, and the rules of civil procedure governing law actions, including demand for jury trial, shall be applicable thereto. [C97, §3283; C24, 27, 31, 35, 39, §11864; C46, 50, 54, 58, 62, §633.19; C66, 71, 73, 75, 77, 79, 81, §633.311]
\nNotes of Decisions
Cited in 12
cases (4 in the last 5 years), 1968–2024 · leading case: Huffey v. Lea, 491 N.W.2d 518 (Iowa 1992).
Huffey v. Lea, 491 N.W.2d 518 (Iowa 1992). “"); Iowa Code § 633.311 (same); see also Cleghorn v.”
Matter of Est. of Todd, 585 N.W.2d 273 (Iowa 1998). “2d 191, 200 (Iowa 1979); see also Iowa Code § 633.311 (jury demand permitted in action to contest will).”
Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). “So far as now pertinent, section 633.311 provides: "An action * * * to set aside a will, is triable in the probate court as an action at law, and the Rules of Civil Procedure governing law actions, including demand for jury trial, shall be applicable thereto.”
Matter of Est. of Bearbower, 426 N.W.2d 392 (Iowa 1988). “Iowa Code § 633.311 . On this appeal, we review for correction of errors at law.”
Pariseau v. First Nat'l Bank of Council Bluffs, 443 N.W.2d 711 (Iowa 1989). “Iowa Code § 633.311 . Current Iowa Rule of Civil Procedure 48 provides that “[a] civil action is commenced by filing a petition with the court.”
In the Matter of the Ronald R. Oldham Trust U/D/O 7/09/2007 Edward Oldham v. Stacey Oldham, 889 N.W.2d 671 (Iowa Ct. App. 2016). “” Iowa Code § 633.311 . However, the Iowa Trust Code provides “[a]n aggrieved person shall have all causes of action and remedies available to the aggrieved person in attacking the creation, revocation, or modification of a revocable trust as one would if attacking the propriety…”
Harold Youngblut v. Leonard Youngblut (Iowa 2020). “See Iowa Code § 633.311 . And when a will contest is brought, interested parties, such as alleged wrongdoing beneficiaries, “shall be joined with proponents [of the will] as defendants.”
In re the Est. of Mrla (Iowa Ct. App. 2019). “” The rule means “if one challenge is raised in a pre-answer motion, all challenges 6 If we were to address the issue, we note where there is a petition to set aside a will after the will had been admitted to probate, the rules of civil procedure apply.”
In the Matter of the Guardianship & Conservatoship of Vernon D. Radda (Iowa 2021). “9 The testator is entitled to keep 8See Iowa Code § 633.311 (providing that the rules of civil procedure, including demand for jury trial, governs an action to set aside a will).”
In re Durschmidt Revocable Trust (Iowa Ct. App. 2022). “See Iowa Code §§ 633.311 , 633A.3101 (2021); see also In re Ronald R.”
Weber v. Jordahl (Iowa Ct. App. 2024). “Next, Melissa and Shelly contend the district court erred by dismissing their claims that Nancy and Wayne unduly influenced Pauline in the execution of her will and tortiously interfered with their bequest.”
In the Matter of the Est. of Pamela Ann Gavin (Iowa Ct. App. 2024). “§ 633.311; see also id. § 633.33 (“Actions to set aside or contest wills, for the involuntary appointment of guardians and conservators, and for the establishment of contested claims shall be triable in probate as law actions, and all other matters triable in probate shall be…”
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