1. Any action pending against the decedent at the time of the decedent’s death that survives, shall also be considered a claim filed against the estate if notice of substitution is served upon the personal representative as defendant within the time provided for filing claims in section 633.410; however, this provision shall not bar parties entitled to equitable relief due to peculiar circumstances. A copy of the proof of service of notice of such proceedings shall be filed in the probate proceedings but shall not be jurisdictional.
2. A separate action based on a debt or other liability of the decedent may be commenced against a personal representative of the decedent in lieu of filing a claim in the estate. Such an action shall be commenced by serving an original notice on the personal representative within the time provided for filing claims in section 633.410 and such action shall also be considered a claim filed against the estate. Such action may be commenced only in a county wherein the venue would have been proper had the decedent survived and the action been commenced against the decedent. A copy of the proof of service of notice shall be filed in the probate proceedings but shall not be jurisdictional.
3. A judgment or decree in favor of the plaintiff in any such action shall constitute an adjudication against the estate.
4. In all cases where by the death of the party to be charged, the bringing of the action against the estate shall have been delayed beyond the period provided by the statute of limitations, the action may be brought if the original notice is served on the personal representative as defendant, and proof of service of notice of such proceeding is filed in the probate proceedings within the time provided for filing claims in section 633.410. [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, §633.415] 2016 Acts, ch 1011, §121 Referred to in §633.416, 633.417 \n
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1965–2024 · leading case:
Wolder v. Rahm, 249 N.W.2d 630 (Iowa 1977).
Wolder v. Rahm, 249 N.W.2d 630 (Iowa 1977).
· cites it 9× “The provisions of § 633.415, The Code, permitting the filing of a separate cause of action “based on a debt or other liability of the decedent * * in lieu of filing a claim in the estate” clearly indicate the same gravamen may support either a claim or a lawsuit.”
Moser v. Brown, 249 N.W.2d 612 (Iowa 1977).
· cites it 3× “Section 633.415, The Code, provides in material part: “Any action pending against the decedent at the time of his death that survives, shall also be considered a claim filed against the estate if notice of substitution is served upon the personal representative as defendant…”
Brubaker v. Est. of Delong, 700 N.W.2d 323 (Iowa 2005).
· cites it 2× “Iowa Code § 633.415 . On September 17, when Brubaker obtained the first acceptance of service, the probate court had not opened DeLong’s estate, and Roth had not qualified as administrator.”
O'KELLEY v. Lochner, 145 N.W.2d 626 (Iowa 1966).
· cites it 4× “Except to note that there was no attempt to comply therewith we are not concerned with the provisions of the Iowa Probate Code (now found in section 633.415, Code of 1966). The action in the case at bar was commenced long prior to the effective date of the Iowa Probate Code.”
Swartz v. Bly, 183 N.W.2d 733 (Iowa 1971).
· cites it 4× “August 22, 1966 defendant in answer generally denied the allegations of the petition and affirmatively alleged no notice of substitution as required by section 633.415 Iowa Code, 1966, had been served on the executor and time for filing claims under section 633.”
Thompson v. Est. of Herron, 612 N.W.2d 798 (Iowa 2000).
· cites it 10× “1(2) by the final paragraph of section 633.415, which reads: In all cases where by the death of the party to be charged, the bringing of the action against the estate shall have been delayed beyond the period provided by the statute of limitations, the action may be brought if…”
Matter of Est. of Renwanz, 561 N.W.2d 43 (Iowa 1997).
· cites it 2× “The court opined that pursuant to section 633.415, this action was considered a claim against the estate.”
Bruce Ex Rel. Bruce v. Wookey, 154 N.W.2d 93 (Iowa 1967).
· cites it 2× “410, plaintiff could have commenced an action against the estate by serving an original notice on the personal representative as provided by section 633.415. By commencing a lawsuit, the Rules of Civil Procedure would have controlled the action.”
Brown ex rel. Brown v. Roberts, 205 N.W.2d 746 (Iowa 1973).
· cites it 6× “410 and no notice was served upon the executor as required by Code section 633.415. I. A controlling difficulty for plaintiff lies in the provisions of section 633.”
In re Est. of Bellus (Iowa Ct. App. 2024).
· cites it 24× “2d at 632–33; Iowa Code § 633.415 (2). Section 633.415(2) makes a separate action based on a “debt or other liability of the decedent,” mutually exclusive from a claim in probate.”
Evjen v. Brooks, 365 N.W.2d 52 (Iowa Ct. App. 1985).
· cites it 2× “Section 633.415 provides for the continuation or commencement of actions within the time limits set forth in section 633.”
— Iowa Code § 633.415(2) — 2 cases
In re Est. of Bellus (Iowa Ct. App. 2024).
“2d at 632–33; Iowa Code § 633.415 (2). Section 633.415(2) makes a separate action based on a “debt or other liability of the decedent,” mutually exclusive from a claim in probate.”
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