1. All claims against a decedent’s estate, other than charges, whether due or to become
due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise,
are forever barred against the estate, the personal representative, and the distributees of the
estate, unless filed with the clerk within the later to occur of four months after the date of
the second publication of the notice to creditors or, as to each claimant whose identity is
reasonably ascertainable, one month after service of notice by ordinary mail to the claimant’s
last known address.
2. Notwithstanding subsection 1, claims for debts created under section 249A.53,
subsection 2, relating to the recovery of medical assistance payments shall be barred under
this section unless filed with the clerk within six months after sending notice by electronic
transmission, on the form prescribed in section 633.231 for intestate estates or on the form
prescribed in section 633.304A for testate estates, to the entity designated by the department
of health and human services to receive notice.
3. Notice is not required to be given by mail to any creditor whose claim will be paid
or otherwise satisfied during administration and the personal representative may waive the
limitation on filing provided under this section. This section does not bar claims for which
there is insurance coverage, to the extent of the coverage, or claimants entitled to equitable
relief due to peculiar circumstances.
[C51, §1373; R60, §2405; C73, §2421; C97, §3349; C24, 27, 31, 35, 39, §11972; C46, 50, 54,
58, 62, §635.68; C66, 71, 73, 75, 77, 79, 81, §633.410]
84 Acts, ch 1080, §9; 85 Acts, ch 92, §1; 89 Acts, ch 35, §6; 95 Acts, ch 68, §7; 2001 Acts, ch
109, §3; 2007 Acts, ch 134, §14; 2010 Acts, ch 1137, §7; 2023 Acts, ch 19, §1280
Referred to in §633.231, 633.304A, 633.413, 633.414, 633.415, 633.444
\n
Notes of Decisions
Baldwin v. City of Waterloo, 372 N.W.2d 486 (Iowa 1985).
· cites it 56× “These interlocutory appeals present three issues: (1) whether a cross-petition against this estate is a "claim" required by Iowa Code section 633.410 to be filed within six months and, if so, whether "peculiar circumstances" existed so as to excuse a late filing; (2) whether…”
Evjen v. Brooks, 372 N.W.2d 494 (Iowa 1985).
· cites it 36× “See Iowa Code § 633.410 (1981). It is the application of this statute, our nonclaims statute, in the Pauly estate which is the focal point of this appeal.”
Est. of Boyd v. Norman, 634 N.W.2d 630 (Iowa 2001).
· cites it 16× “See Iowa Code §§ 633.410 (requiring claims to be filed within four months of notice to creditors), 633.”
Matter of Est. of Renwanz, 561 N.W.2d 43 (Iowa 1997).
· cites it 16× “Any claim against the estate was to be commenced within the later of either four months from the date of the second publication or one month after service of notice by ordinary mail to claimant’s last known address to all reasonably ascertainable claimants.”
Shivvers v. Mueller, 340 N.W.2d 586 (Iowa 1983).
· cites it 12× “See Iowa Code § 633.410 . Without first obtaining a court order authorizing them to do so, the executors, on November 3, 1978, made a substantial distribution of estate property to the beneficiaries.”
Knight v. Anderson, 292 N.W.2d 411 (Iowa 1980).
· cites it 8× “The estate then denied the claim and alleged it was not timely filed under section 633.410, The Code, 2 because it was not filed “within six months after the date of the second publication of the notice to creditors.”
Stewart v. DeMoss, 590 N.W.2d 545 (Iowa 1999).
· cites it 22× “Iowa Code section 633.410 (1995) provides that all claims against the estate are barred unless filed within the “later to occur of four months after the date of last publication of the notice to creditors, or as to each claimant whose identity is reasonably ascertainable, one…”
Matter of Est. of Weidman, 476 N.W.2d 357 (Iowa 1991).
· cites it 6× “304, effective July 1, 1989, requires the executor, on a continuing basis, to give actual notice to interested parties of the four-month limitation period for contesting a will; (3) the order admitting the will to probate is a judgment that requires the special procedures of…”
Helms v. Helten, 290 N.W.2d 876 (Iowa 1980).
· cites it 14× “In response, plaintiffs asserted the six-month statute of limitations for claims against estates, § 633.410, The Code 1977, as a defense. Following trial to the court, Edward moved to amend his counterclaim to conform to proof, asserting that he was entitled to all the proceeds…”
Swartz v. Bly, 183 N.W.2d 733 (Iowa 1971).
· cites it 14× “415 Iowa Code, 1966, had been served on the executor and time for filing claims under section 633.410 had expired thus plaintiffs’ claim, if *736 any, was barred by the statute of limitations.”
Broadlawns Polk Cnty. Hosp. Ex Rel. Fenton v. Est. of Major, 271 N.W.2d 714 (Iowa 1978).
· cites it 4× “Defendants’ second argument is that the hospital’s claim is barred by § 633.410, The Code, which bars claims against an estate unless made within six months of the second publication of notice to creditors.”
Moser v. Brown, 249 N.W.2d 612 (Iowa 1977).
· cites it 4× “Under § 633.410, The Code, unless a claim is filed within six months of the second notice to creditors, the claim is forever barred.”
— Iowa Code § 633.410(1) — 6 cases
— Iowa Code § 633.410(1966) — 1 case
— Iowa Code § 633.410(3) — 2 cases
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.