The personal representative shall file a pre-answer motion or answer to a claim within
twenty days from the filing of the request for hearing on the claim in the same manner as
though the claim were a petition filed in an ordinary action, and thereafter, all provisions of
law and rules of civil procedure applicable to motions, pleadings and the trial of ordinary
\n
Tue Dec 09 21:59:22 2025 Iowa Code 2026, Chapter 633 (154, 4)
§633.444, PROBATE CODE 98\n\nactions shall apply; provided, however, that a restatement of such claim shall not be barred
by the provisions of section 633.410.
[C66, 71, 73, 75, 77, 79, 81, §633.444]
2021 Acts, ch 23, §5
Referred to in §633.417, 633.432, 633.666
\n
Notes of Decisions
Bruce Ex Rel. Bruce v. Wookey, 154 N.W.2d 93 (Iowa 1967).
· cites it 2× “Section 633.444. There are many sound arguments against such a harsh provision as contained in 633.”
Matter of Est. of Entler, 398 N.W.2d 848 (Iowa 1987).
· cites it 2× “See Iowa Code § 633.444 (1985). Once this occurs, the presence of an affidavit is no longer significant.”
In the Matter of Est. of Gauch, 308 N.W.2d 88 (Iowa 1981).
· cites it 2× “” The probate code makes the rules of civil procedure applicable to contested claims, in section 633.444: Within twenty days from the filing of the request for hearing on a claim, the personal representative shall move or plead to said claim in the same manner as though the…”
In Re Guardianship of Pappas, 174 N.W.2d 422 (Iowa 1970).
· cites it 2× “Rule 18, Rules of Civil Procedure, provides : “When a guardianship shall cease * * * by the decease of [the] ward, any action or proceeding then pending shall not abate, but * * * the executor or administrator of such person * * * shall be substituted or joined as a party…”
Est. of Wittman v. Huston, 215 N.W.2d 223 (Iowa 1974).
“The executor of Emma’s estate moved to dismiss the claim on grounds claimant has no interest in the Wittman estate property and stated no facts in her claim showing such an interest.”
In re Est. of Franken (Iowa 2020).
· cites it 2× “The probate code provides the personal representative of an estate “shall move or plead [in response to a] claim in the same manner as though the claim were a petition filed in an ordinary action.”
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