Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.38 (2026)

Time and place of hearing

✓ current as of July 2026
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Except as otherwise provided in this probate code, the hearing of any matter requiring notice shall be had at such time and place as the court may fix. [C73, §2313; C97, §3261; C24, 27, 31, 35, 39, §11820; C46, 50, 54, 58, 62, §631.2; C66, 71, 73, 75, 77, 79, 81, §633.38] 2005 Acts, ch 38, §51

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Notes of Decisions
Cited in 14 cases, 1947–2011 · leading case: In Re Est. of Pierce, 60 N.W.2d 894 (Iowa 1953).
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In Re Est. of Pierce, 60 N.W.2d 894 (Iowa 1953). · cites it 3× “2d 26, 30 , which holds an order of probate constitutes an adjudication the instrument is the will of decedent “until set aside by an original or appellate proceeding” as contemplated by Code section 633.38. Kelly v. Kelly, supra, expressly *27 overrules Gregg v.”
Ritter v. Dagel, 156 N.W.2d 318 (Iowa 1968). · cites it 4× “Further, we think the fact the clerk's order admitting the will to probate was made without notice given prior thereto, as 633.”
In Re Est. of Huston, 27 N.W.2d 26 (Iowa 1947). · cites it 4× “The executor’s position is that original proceedings,or appellate proceedings within the meaning of section 633.38 of the Code, 1946 (formerly section 11882, Code, 1939), “are exclusively the only methods of setting aside the order of probate of a will, or questioning the due…”
Kettler v. Sec. Nat'l Bank of Sioux City, 805 N.W.2d 817 (Iowa Ct. App. 2011). · cites it 2× “2d 94, 102 (Iowa 2007) (“The declaratory judgment action brought in [the decedent’s] estate is a matter ‘tried by the probate court as a proceeding in equity,’ Iowa Code § 633.38 (2007), and our review in such cases is de novo.”
Drosos v. Drosos, 103 N.W.2d 167 (Iowa 1960). · cites it 4× “Section 633.38, Code 1958, I.C.A. The effect of this statute was to place the burden of proving lack of due execution upon plaintiff.”
In Re Ditz'Est., 125 N.W.2d 814 (Iowa 1964). · cites it 4× “'Section 633.38, Code, 1962, provides: “Wills, foreign or domestic, shall not be carried into effect until admitted to probate as hereinbefore provided, and such probate shall be conclusive as to the due execution thereof, until set aside by an original or appellate proceeding.”
In Re Guardianship of Jordan, 616 N.W.2d 553 (Iowa 2000). · cites it 2× “Iowa Code § 633.38 . When notice of the hearing is given to an incompetent person, the response should be made by a guardian ad litem pursuant to Iowa Rule of Civil Procedure 13.”
In Re Est. of Handy, 126 N.W.2d 332 (Iowa 1964). · cites it 4× “Section 633.38, Probate conclusive — setting aside, provides: “Wills, foreign or domestic, shall not be carried into effect until admitted to probate as hereinbefore provided, and such probate shall be conclusive as to the due execution thereof, until set aside by an original or…”
Hoover v. Hoover, 26 N.W.2d 98 (Iowa 1947). · cites it 2× “The pronouncements in those eases merely express the statutory rule (section 633.38, Code, 1946) providing that “such probate shall be conclusive as to the due execution thereof, ■ until set aside by an original or appellate proceeding.”
In Re the Guardianship & Conservatorship of D.D.H., 538 N.W.2d 881 (Iowa Ct. App. 1995). “The Shanes claim it is distinguishable on that ground, because sections 633.38 and 633.555 refer to proceedings for the initial appointment of guardian, not subsequent proceedings.”
Seeley v. Seeley, 45 N.W.2d 881 (Iowa 1951). · cites it 2× “Section 633.38 Iowa Code, 1950. If they also acquired no interest or title by the statutes of descent by what authority or under what theory could they control or direct the devolution of title? Neither they nor anyone else could malee or modify decedent’s will.”
Sanderson v. Est. of Kisner, 477 N.W.2d 96 (Iowa 1991). · cites it 2× “34 (all actions in probate shall be governed by the rules of civil procedure, except as provided otherwise in this Code); Iowa Code § 633.38 (except as otherwise provided in this Code).”
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