1. The personal representative of the estate shall mail to the surviving spouse pursuant
to section 633.40, subsection 5, a written notice regarding the right to request a spousal
allowance. The notice shall inform the surviving spouse of the surviving spouse’s right to
submit an application to the court within four months of service of the notice, for support
for a period of twelve months following the death of the decedent, and for support of the
decedent’s dependents who reside with the spouse for the same period of time.
2. The court shall, upon application, set off and order paid to the surviving spouse, as part
of the costs of administration, sufficient of the decedent’s property including assets held in
a revocable trust of which the decedent is the settlor to the extent that estate assets are not
sufficient as it deems reasonable for the proper support of the surviving spouse for the period
of twelve months following the death of the decedent. Notice of hearing upon the application
shall be given to the surviving spouse, personal representative if the application is not made
by the personal representative, trustee of any revocable trust of which the decedent is the
settlor, and all other interested persons. The court shall take into consideration the station
in life of the surviving spouse, the assets and condition of the estate and any revocable trust
of which the decedent is the settlor, the nonprobate assets received by the surviving spouse
by reason of the death of the decedent, and the income and other resources of the surviving
spouse. If the trustee of a revocable trust of which the decedent was a settlor has previously
made payments under section 633A.3114 to the spouse, the court shall reduce the award by
the amount of such payments. The allowance shall also include such additional amount as
the court deems reasonable for the proper support, during such period, of dependents of
the decedent who reside with the surviving spouse. Such allowance to the surviving spouse
shall not abate upon the death or remarriage of such spouse. If an application for support
has not been filed within four months following service of the notice by or on behalf of the
surviving spouse and the dependents of the decedent who reside with the surviving spouse,
the surviving spouse and the dependents of the decedent shall be deemed to have waived the
right to apply for support during the administration of the estate.
3. A surviving spouse who qualifies for a support allowance under this section may waive
the right to such allowance for the surviving spouse and for the dependents of the decedent
who reside with the surviving spouse by filing an affidavit acknowledging receipt of notice
and irrevocably waiving the right to support under this section.
[C51, §1338; R60, §2370; C73, §2375, 2377; C97, §3314; C24, 27, 31, 35, 39, §11923, 11924;
C46, 50, 54, 58, 62, §635.12, 635.13; C66, 71, 73, 75, 77, 79, 81, §633.374]
2008 Acts, ch 1119, §18, 39; 2012 Acts, ch 1123, §9, 32
Referred to in §633.376\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4)
85 PROBATE CODE, §633.378
\n
Notes of Decisions
Matter of Est. of Tollefsrud, 275 N.W.2d 412 (Iowa 1979).
· cites it 18× “The executors appeal from the order of the trial court granting Arlene Tollefsrud's application for allowance to her as the surviving spouse under § 633.374, The Code. Arlene Tollefsrud appeals from the trial court's denial of her claim against the estate, based upon a $14,000…”
In the Matter of the Est. of Joseph C. Gantner III, Rachel Gantner, 893 N.W.2d 896 (Iowa 2017).
· cites it 7× “374 provides in relevant part, The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent’s property including assets held in a revocable trust of which the decedent is the settlor to the…”
In Re the Est. of Devries, 203 N.W.2d 308 (Iowa 1972).
· cites it 15× “Shortly after the death of Andrew De-Vries, his surviving spouse, who was also his executor, applied to the court in which his estate was being probated for an allowance for her support under section 633.374, The Code, 1966. By ex parte order she was awarded $15,000, which was…”
In Re Est. of Sieh, 745 N.W.2d 477 (Iowa 2008).
· cites it 16× “” Iowa Code § 633.374 . We reject the trustees’ argument that the estate may not look to assets of the trust to fund a spousal allowance.”
Matter of Est. of Epstein, 561 N.W.2d 82 (Iowa Ct. App. 1996).
· cites it 8× “Iowa Code section 633.374 states: The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent’s property as it deems reasonable for the proper support of the surviving spouse for the period…”
Matter of Est. of Spurgeon, 572 N.W.2d 595 (Iowa 1998).
· cites it 4× “Iowa Code § 633.374 . The circumstances presented do not establish an abuse of discretion by the trial court in refusing to order an allowance to Grace as surviving spouse.”
Matter of Est. of Allen, 239 N.W.2d 163 (Iowa 1976).
· cites it 2× “Section 633.374, The Code, provides: “The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent’s property as it deems reasonable for the proper support of the surviving spouse for the…”
Iowa-Des Moines Nat'l Bank v. United States, 306 F. Supp. 320 (S.D. Iowa 1969).
· cites it 12× “§ 2056 as to funds distributed to Nina Helen Wilson in the amount of $3,000 as a widow’s allowance under Iowa Code § 633.374 . The disallowance rests on the contention property passing to a surviving spouse via Iowa Code § 633.”
Sieh v. Sieh, 713 N.W.2d 194 (Iowa 2006).
· cites it 2× “The court also noted in its ruling that the Iowa Court of Appeals in considering a request for a spouse’s twelve-month subsistence allowance under Iowa Code section 633.374 has held that the assets of a revocable trust created by the decedent are not available for the payment of…”
In Re Est. of Carlisle, 653 N.W.2d 368 (Iowa 2002).
· cites it 4× “240 ; and (3) was not entitled to support as a surviving spouse, Iowa Code § 633.374 . The court's opinion stated in part: It seems illogical for the Decree of Separate Maintenance to divide marital property, to extinguish all rights Dorthy Carlisle had in Francis Carlisle's…”
— Iowa Code § 633.374(2) — 2 cases
In the Matter of the Est. of Joseph C. Gantner III, Rachel Gantner, 893 N.W.2d 896 (Iowa 2017).
“374 provides in relevant part, The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent’s property including assets held in a revocable trust of which the decedent is the settlor to the…”
Annotations are extracted automatically from the opinions in the
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