During the period of administration, the personal representative shall take possession
of the decedent’s real estate, except the homestead and other property exempt to the
surviving spouse. Every personal representative shall take possession of all the personal
property of the decedent, except the property exempt to the surviving spouse. The personal
representative may maintain an action for the possession of such real and personal property
or to determine the title to any property of the decedent. Until property is distributed, the
personal representative shall take reasonable steps to safeguard such property, pay any
expenses related to such property, and collect any income generated by such property.\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4)
77 PROBATE CODE, §633.356\n\nUnless otherwise provided by the decedent’s will, all such expenses shall be paid from the
residuary estate and all such income shall be considered a part of the residuary estate.
[C51, §1327; R60, §2359; C73, §2402 – 2404, 2407; C97, §3333, 3334, 3337; C24, 27, 31, 35,
39, §11952, 11953, 11956; C46, 50, 54, 58, 62, §635.48, 635.49, 635.52; C66, 71, 73, 75, 77, 79,
81, §633.351]
2012 Acts, ch 1123, §6
Referred to in §633.350
\n
Notes of Decisions
Colthurst v. Colthurst, 265 N.W.2d 590 (Iowa 1978).
· cites it 9× “In objection 5 they stated their belief it was the duty of the executors under section 633.351, The Code, to keep available the farm income from 1975 and 1976 to pay debts and general estate obligations incurred in those years.”
Matter of Est. of Franzkowiak, 290 N.W.2d 1 (Iowa 1980).
· cites it 14× “The bar committee which drafted the probate code commented as follows on this section (47 Iowa Code Ann. § 633.351 , at 40 (1964)): New.”
Matter of Est. of Bliven, 236 N.W.2d 366 (Iowa 1975).
· cites it 2× “cept as otherwise provided in this Code, when a person dies, the title to his property, real and personal, passes to the person to whom it is devised by his last will, or, in the absence of such disposition, to the persons who succeed to his estate as provided in this Code, but…”
Rick v. Boegel, 205 N.W.2d 713 (Iowa 1973).
· cites it 2× “§ 633.351, The Code. When plaintiffs’ petition was filed no personal representative of decedent had been appointed.”
Matter of Est. of Herring, 265 N.W.2d 740 (Iowa 1978).
· cites it 2× “Residuary legatee’s reliance on the language of Code section 633.351, which requires the personal representative to take possession of real estate if there is a lease outstanding, is misplaced.”
Matter of Est. of Ragan, 541 N.W.2d 859 (Iowa 1995).
· cites it 2× “350 provides: [W]hen 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 Code, but all of…”
Noel v. Uthe, 184 N.W.2d 686 (Iowa 1971).
· cites it 2× “cept as otherwise provided in this Code, when a person dies, the title to his property, real and personal, passes to the person to whom it is devised by his last will, or, in the absence of such disposition, to the persons who succeed to his estate as provided in this Code, but…”
Tiffany v. Tiffany, 541 N.W.2d 859 (Iowa 1995).
· cites it 2× “350 provides: [W]hen 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 Code, but all of…”
In re Est. of Peterson, 263 N.W.2d 555 (Iowa Ct. App. 1977).
· cites it 2× “Appellants assert there was no lease which could form the basis for the executor’s possession under § 633.351, The Code, and notwithstanding, the rental income was not needed since the estate had sufficient other monies to pay taxes and debts.”
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