1. When provisions of the will, trust or other testamentary instrument of the decedent
provide explicitly for an order of abatement contrary to the provisions of section 633.436,
the provisions of the will or other testamentary instrument shall determine the order of
abatement.
2. Except as provided in subsection 1 of this section, if the provisions of the will, the
testamentary plan, or the express or the implied purpose of the devise would be defeated by
the order of abatement as provided in section 633.436, then upon application to the court by
a fiduciary or a distributee, and after notice to all interested parties, the court shall determine
the order for abatement of the shares of distributees in such other manner as may be found
necessary to give effect to the intention of the testator. In order to change the order of
abatement as provided in section 633.436, it will be necessary for the court to find it clear and
convincing that the provisions of the will, the testamentary plan, or the express or implied
purpose of the devise would be defeated by the order of abatement stated in section 633.436.
[C66, 71, 73, 75, 77, 79, 81, §633.437]\n\nTue Dec 09 21:59:22 2025 Iowa Code 2026, Chapter 633 (154, 4)
97 PROBATE CODE, §633.444\n\n DENIAL AND CONTEST OF CLAIMS
\n
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1967–2022 · leading case:
In Re the Est. of Noe, 195 N.W.2d 361 (Iowa 1972).
In Re the Est. of Noe, 195 N.W.2d 361 (Iowa 1972).
· cites it 34× “They have consistently contended abatement should be pursuant to The Code 1966, Section 633.437, i. e., estate obligations should be paid first out of personalty left the surviving spouse, since to abate the real property specifically devised to remaindermen children would…”
Colthurst v. Colthurst, 265 N.W.2d 590 (Iowa 1978).
· cites it 14× “At the time of decedent’s death section 633.437 was as follows: “If the provisions of the will, the testamentary plan, or the express or implied purpose of the devise would be defeated by the order of abatement stated in section 633.”
In Re the Est. of Kraft, 186 N.W.2d 628 (Iowa 1971).
· cites it 18× “Subject to the foregoing I give, devise and bequeath all my property both real and personal to my wife, Joyce E. Kraft." It is contended by decedent's widow, the foregoing bequests must stand abated in accord with The Code 1966, Section 633.”
Am. Lutheran Church v. Twedt, 173 N.W.2d 545 (Iowa 1970).
· cites it 14× “She contends section 633.437 has no application to this case because there is no evidence of testator’s intent to prefer the charities over testator’s wife, it is not within the province of the court to remake testator’s will and the result reached works a grave injustice on the…”
Matter of Est. of Duhme, 267 N.W.2d 688 (Iowa 1978).
· cites it 12× “” And § 633.437 as amended, 1975 Session of the Sixty-Sixth General Assembly, ch.”
In Re Est. of Hoagland, 203 N.W.2d 577 (Iowa 1973).
“Upon the failure or insufficiency of the property on which it is charged, it shall be deemed property not specifically devised to the extent of such failure or insufficiency. The last part of § 633.”
Matter of Est. of Devoss, 474 N.W.2d 542 (Iowa 1991).
· cites it 2× “Iowa Code § 633.437 . The testator may express this intent in the will, the testamentary plan, or the express or implied purpose of the devise.”
In re the Est. of DeVoss, 474 N.W.2d 542 (Iowa 1991).
· cites it 2× “Iowa Code § 633.437 . The testator may express this intent in the will, the testamentary plan, or the express or implied purpose of the devise.”
In Re Rinaldo Revocable Trust, 696 N.W.2d 41 (Iowa 2005).
· cites it 2× “436 is qualified by the provisions of section 633.437(1), which provide: When provisions of the will, trust or other testamentary instrument of the decedent provide explicitly for an order of abatement contrary to the provisions of section 633.”
Folkerds v. United States, 369 F. Supp. 1176 (N.D. Iowa 1973).
· cites it 6× “436) or the statute prescribing the contrary provision as to abatement (Iowa Code Section 633.437) should apply to these facts.”
Ohrt v. Uthoff, 585 N.W.2d 259 (Iowa 1998).
· cites it 2× “Iowa Code section 633.437 provides: When provisions of the will, trust or other testamentary instrument of the decedent provide explicitly for an order of abatement contrary to the provisions of section 633.”
— Iowa Code § 633.437(1) — 1 case
In Re Rinaldo Revocable Trust, 696 N.W.2d 41 (Iowa 2005).
“436 is qualified by the provisions of section 633.437(1), which provide: When provisions of the will, trust or other testamentary instrument of the decedent provide explicitly for an order of abatement contrary to the provisions of section 633.”
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.