Except as otherwise provided in this probate code, when a person dies, the title to the
person’s property, real and personal, passes to the person to whom it is devised by the person’s
last will, or, in the absence of such disposition, to the persons who succeed to the estate as
provided in this probate code, but all of the property shall be subject to the possession of
the personal representative as provided in section 633.351 and to the control of the court for
the purposes of administration, sale, or other disposition under the provisions of law, and
such property, except homestead and other exempt property, shall be chargeable with the
payment of debts and charges of the estate. There shall be no priority as between real and
personal property, except as provided in this probate code or by the will of the decedent. If
real property is titled at any time in a decedent’s estate, such property shall be treated as
titled in the name of the personal representative of the estate.
[C66, 71, 73, 75, 77, 79, 81, §633.350]
2005 Acts, ch 38, §51; 2009 Acts, ch 52, §6, 14; 2012 Acts, ch 1123, §5
\n
Notes of Decisions
Jaysen McCleary v. Reliastar Life Ins. Co., 682 F.3d 1116 (8th Cir. 2012).
“Iowa Code § 633.350 . 5 . McCleary's argument concerning what his interest in this suit is has evolved over the course of this litigation.”
In Re Est. of Tolson, 690 N.W.2d 680 (Iowa 2005).
“See Iowa Code § 633.350 ("[W]hen a person dies, the title to the person's property, real and personal, passes to the person to whom it was devised by the person's last will.”
In Re Est. of Hurt, 681 N.W.2d 591 (Iowa 2004).
“Iowa Code § 633.350 (title to real property passes to beneficiary under terms of will when testator dies); see In re Estate of Austin, 236 Iowa 945, 949 , 20 N.”
Matter of Est. of Weidman, 476 N.W.2d 357 (Iowa 1991).
“Iowa Code § 633.350 (1985). To apply the Pope decision retroactively to all estates that were open on April 19, 1988, without consideration of the expiration of the time limitation for contesting wills, is inequitable to defendant and any other party that may have relied on the…”
Ritz v. Selma United Methodist Church, 467 N.W.2d 266 (Iowa 1991).
“Iowa Code § 633.350 . Consequently, this property shall be distributed as any other personal property in their estates.”
In Re Kloubec, 247 B.R. 246 (Bankr. D. Iowa 2000).
“However, when he disclaimed his inheritance, the doctrine of relation-back, for probate purposes, placed the disclaimer prior to the death of the decedent, fictionally eliminating his property interest.”
Sanderson v. Est. of Kisner, 477 N.W.2d 96 (Iowa 1991).
“Iowa Code § 633.350 . Under this statute, title to property passes when a person dies.”
Sweet v. Allstate Ins. Co., 471 N.W.2d 798 (Iowa 1991).
“Based on these considerations, we believe that the court of appeals correctly held that Jaron and Ruth could have validly released any of Gregory’s claims against Allstate which survived his death under Iowa Code section 611.”
Matter of Est. of Foster, 483 N.W.2d 327 (Iowa 1992).
“This principle is currently codified with respect to both testate and intestate situations in Iowa Code § 633.350 (1991). See Sweet v. Allstate Ins.”
Tolson v. Clinton Nat'l Bank, 690 N.W.2d 680 (Iowa 2005).
“See Iowa Code § 633.350 (“[W]hen a person dies, the title to the person’s property, real and personal, passes to the person to whom it was devised by the person’s last will.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.