1. Court prescribing notice. Except as otherwise provided in this probate code, the court
shall fix the time and place of hearing of any matter requiring notice and shall prescribe a
time for the hearing not less than twenty days after the date the notice is served unless the
court finds there is good cause shown to shorten the time period to less than twenty days.
The court shall also prescribe the manner of service of the notice of such hearing.
2. Notice by publication. In the case of proceedings against unknown persons or
persons whose address or whereabouts are unknown, the court shall prescribe that notice
may be served by publication within the time and in the manner provided by the rules of
civil procedure.
3. No notice by posting. No notice shall be served at any time by posting.
4. Notice otherwise provided. In lieu of the foregoing, the notice may direct each
interested party to file the party’s objections thereto in writing, if any, on or before a date
certain, to be set out in the notice and to be not less than twenty days after the day the notice
is served upon the party and that unless the party does so file objections in writing that the
party will be forever barred from making any objections thereto. Said notice shall be served
upon each interested party personally in compliance with the rules of civil procedure, or
upon those parties not under legal disability by ordinary United States mail. In the event
objections thereto are timely filed, the court shall fix the time and place of the hearing for
the judicial determination of the issues raised.
5. Notice by mail. When notice in probate proceedings is served upon an interested
party by United States mail, the service is made and completed when the notice being served
\n
Tue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4)
21 PROBATE CODE, §633.44\n\nis enclosed in a sealed envelope with the proper postage thereon addressed to the interested
party at the party’s last known post office address and is deposited in a mail receptacle
provided by the United States postal service.
[C73, §2314; C97, §3262; C24, 27, 31, 35, 39, §11822; C46, 50, 54, 58, 62, §631.4; C66, 71,
73, 75, 77, 79, 81, §633.40]
2005 Acts, ch 38, §51; 2009 Acts, ch 52, §2, 14
Referred to in §633.10, 633.23, 633.237, 633.374, 633.376, 633.389, 633.478, 633.560, 633.677, 633.754, 633A.3114, 633A.3115, 635.8
\n
Notes of Decisions
Matter of Est. of Troester, 331 N.W.2d 123 (Iowa 1983).
· cites it 2× “They claim that the district court lacked jurisdiction to close the estate because the sons, as heirs, had not received notice pursuant to Iowa Code section 633.40. This application was denied by the probate court, but the administrator was unsatisfied and obtained a court order…”
Matter of Est. of Willis, 418 N.W.2d 857 (Iowa 1988).
· cites it 2× “See Iowa Code § 633.40 (2) (1985). On December 31 the plaintiffs filed but did not serve a petition to set aside the will, alleging fraud, undue influence, improper execution, and lack of capacity to make a will.”
Matter of Est. of Lamb, 584 N.W.2d 719 (Iowa Ct. App. 1998).
· cites it 2× “Iowa Code § 633.40 et seq. This discretion is subject to the due process requirement that the manner and time of service be reasonably calculated to apprise the interested parties of the proceedings and give them a reasonable time to appear and be heard.”
In Re Est. of Quinn, 55 N.W.2d 172 (Iowa 1952).
· cites it 2× “” This is followed by section 633.40: “To each of the above classes, in succession, a period of twenty days, commencing with the burial of the deceased, is allowed within which to apply for administration.”
Good Shepherd of Sioux City v. Staab, 192 N.W.2d 804 (Iowa 1971).
“Under this state of facts and assuming movant was an existing corporate entity, *807 it could be considered a person “whose address or whereabouts are unknown” under the language of § 633.”
In Re Est. of Zimmerman, 160 N.W.2d 502 (Iowa 1968).
· cites it 2× “The court further finds that `peculiar circumstances' existed within the meaning of Code Section 633.40 [633.410] entitling the claimant to `equitable relief' from the requirements of said section.”
Zimmerman v. Westgate Elevator Co., 160 N.W.2d 502 (Iowa 1968).
· cites it 2× “The court further finds that ‘peculiar circumstances’ existed within the meaning of Code Section 633.40 [633.410] entitling the claimant to ‘equitable relief’ from the requirements of said section.”
In Re Est. Farmer, 25 N.W.2d 860 (Iowa 1947).
· cites it 2× “’ ” However, the principal question in that case was the right of nonresident aliens, next of kin, to apply for the appointment. There seemed to be no controversy as to the fact that half sisters were next of kin and that they made the application within the statutory period,…”
— Iowa Code § 633.40(2) — 1 case
Good Shepherd of Sioux City v. Staab, 192 N.W.2d 804 (Iowa 1971).
“Under this state of facts and assuming movant was an existing corporate entity, *807 it could be considered a person “whose address or whereabouts are unknown” under the language of § 633.”
— Iowa Code § 633.40(5) — 1 case
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.