Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.39 (2026)

Place of hearing — noncontest or agreement

✓ current as of July 2026
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In cases where no objection, resistance or appearance has been filed, or by agreement, such hearing may be had at any place within the judicial district. [C97, §3261; C24, 27, 31, 35, 39, §11821; C46, 50, 54, 58, 62, §631.3; C66, 71, 73, 75, 77, 79, 81, §633.39]

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Notes of Decisions
Cited in 8 cases, 1947–1973 · leading case: In Re Est. of Swanson, 31 N.W.2d 385 (Iowa 1948).
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In Re Est. of Swanson, 31 N.W.2d 385 (Iowa 1948). · cites it 2× “We cannot accept appellants’ contention that because of Code section 633.39 the mere nomination of an executor in a will, regardless of the invalidity of the instrument, deprives interested parties of the right to apply for administration to any other suitable person and…”
Dunlop v. Weinstein, 66 N.W.2d 920 (Iowa 1954). · cites it 2× “Our statute expressly allows appointment on application of creditors of the estate (section 633.39, Iowa Code, 1954) and we know of no restriction upon appointment under Code section 604.”
In Re Fagin's Est., 66 N.W.2d 920 (Iowa 1954). · cites it 2× “Our statute expressly allows appointment on application of creditors of the estate, section 633.39, Iowa Code, 1954, I.C.A., and we know of no restriction upon appointment under Code section 604.”
In Re Est. of Shivvers, 34 N.W.2d 632 (Iowa 1948). · cites it 2× “Shivvers subscribed to an oath as administrators. The clerk in issuing the letters omitted the name of O.”
In Re Est. of Quinn, 55 N.W.2d 172 (Iowa 1952). · cites it 3× “Section 633.39 of the 1950 Code of Iowa says: “In other cases, where an executor is not appointed by will, administration shall be granted to any suitable person or persons on the request and application of: “1.”
Tyler v. Tyler, 206 N.W.2d 901 (Iowa 1973). · cites it 4× “-227(2), The Code, 1966, where there is no will and no surviving spouse, administration shall be granted to any qualified person on the petition of “the heirs of the decedent”.”
Quinn v. Bechly, 54 N.W.2d 492 (Iowa 1952). “After hearing on tbe widow’s petition tbe trial court concluded tbe widow had tbe exclusive right (under sections 633.39 and 633.40, Code, 1950) during tbe first twenty days after burial to request and make application for tbe granting of administration to any suitable person.”
In Re Est. Farmer, 25 N.W.2d 860 (Iowa 1947). · cites it 2× “In the Christensen case appellants claimed an absolute right to the appointment under section 11883, Code of 1939 (section 633.39, Code of 1946). This court, speaking of such claim, said: “Their proposition is based upon the assertion that the priorities granted under section…”
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.