Iowa Code

Iowa Code § 633.33 (2026)

Nature of proceedings in probate

✓ current as of July 2026
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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 tried by the probate court as a proceeding in equity. [C66, 71, 73, 75, 77, 79, 81, §633.33]

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Notes of Decisions
Cited in 254 cases (43 in the last 5 years), 1949–2026 · leading case: Matter of Guardianship of Murphy, 397 N.W.2d 686 (Iowa 1986).
Matter of Guardianship of Murphy, 397 N.W.2d 686 (Iowa 1986). · cites it 16× “Iowa Code section 633.33 (1985) provides, with respect to probate proceedings in general, that [a]ctions 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…”
In re the Guardianship of M.D., 797 N.W.2d 121 (Iowa Ct. App. 2011). · cites it 6× “Iowa Code § 633.33 (2009) (emphasis added); see also Iowa Code § 633.”
In the Matter of the Guardianship & Conservatorship of Stuart Kennedy (Involuntary) Stuart Kennedy v. Maria Kennedy, 845 N.W.2d 707 (Iowa 2014). · cites it 4× “However, at oral argument Stuart’s attorney indicated that Stuart was no longer seeking to alter the guardianship or the conservatorship. At this point, he simply wants a ruling that prior court approval should be required for the sterilization of a male ward.”
In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). · cites it 4× “” 6 Michael appealed. We retained the appeal and granted expedited review.”
Matter of Guardianship of Hedin, 528 N.W.2d 567 (Iowa 1995). · cites it 6× “33 provides that [a]ctions 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 tried by the…”
In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). · cites it 4× “The estate cross-appeals, contending the district court erred in determining the department produced substantial evidence it had paid medical assistance under Iowa Code section 249A.5(2), and therefore, the district court should have denied any recovery.”
In the Matter of the Est. of Karen J. Myers, Rex A. Picken, 825 N.W.2d 1 (Iowa 2012). · cites it 4× “Iowa Code § 633.33 (2009). Cases tried in equity are reviewed de novo.”
Matter of Est. of Wulf, 526 N.W.2d 154 (Iowa 1994). · cites it 8× “*156 Iowa Code section 633.33 (1993), "Nature of proceedings in probate," provides: 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…”
Huffey v. Lea, 491 N.W.2d 518 (Iowa 1992). · cites it 4× “See Iowa Code § 633.33 ("Actions to ... contest wills .”
In Re Guardianship & Conservatorship of Ankeney, 360 N.W.2d 733 (Iowa 1985). · cites it 4× “See Iowa Code section 633.33 (probate matters, with certain exceptions not applicable here, are to be tried in equity).”
In Re Steinberg Fam. Living Trust David L. Steinberg v. Steven C. Steinberg, 894 N.W.2d 463 (Iowa 2017). · cites it 2× “See Iowa Code § 633.33 (2015); see also In re Estate of Rogers, 473 N.”
In Re the Guardianship & Conservatorship of D.D.H., 538 N.W.2d 881 (Iowa Ct. App. 1995). · cites it 7× “Iowa Code section 633.33 (1993), which deals with probate matters generally, provides: 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,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.