Iowa Code

Iowa Code § 633.320 (2026)

Declaratory judgment to determine last will

✓ current as of July 2026

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The executor or any person named as a beneficiary in a will may bring an action for a declaratory judgment to have such will declared to be the last will of the decedent. In such action, all known interested persons, including heirs of the decedent and persons named as beneficiaries in said instrument and other known instruments purporting to be wills of the decedent, shall be joined as parties. [C66, 71, 73, 75, 77, 79, 81, §633.320]

633.321 through 633.329 Reserved.\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) §633.330, PROBATE CODE 74\n\n SUBCHAPTER VII ADMINISTRATION OF ESTATES OF DECEDENTS\n\n PART 1 GENERAL PROVISIONS — LIMITATION

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1968–2024 · leading case: Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968).

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Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). · cites it 12× “310); or one may seek a declaratory judgment to establish a will (section 633.320). As in the majority opinion, all references to the Probate Code are to the 1966 Code of Iowa.”

In the Matter of the Est. of Pamela Ann Gavin (Iowa Ct. App. 2024). · cites it 2× “See Iowa Code § 633.320 . 4 Barnhart petitioned to admit the will to probate as a small estate under Iowa Chapter 635.”

Farmers State Bank v. Hart, 307 N.W.2d 331 (Iowa Ct. App. 1981). · cites it 2× “Nor do we believe that section 633.320 operates to bar a claim of this type.”

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