Iowa Code

Iowa Code § 633.49 (2026)

Transfer to another county

✓ current as of July 2026

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In any proceeding in probate, the court may, upon written showing, supported by affidavit, and on such notice to interested parties as the court may prescribe, transfer such proceeding to any other county, when it is made to appear that such transfer will be in furtherance of justice. Thereupon, the matter shall be pending in such other county. [C24, 27, 31, 35, 39, §11829; C46, 50, 54, 58, 62, §631.11; C66, 71, 73, 75, 77, 79, 81, §633.49]

Notes of Decisions

Cited in 3 cases, 1949–1959 · leading case: Widney v. Hess, 45 N.W.2d 233 (Iowa 1950).

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Widney v. Hess, 45 N.W.2d 233 (Iowa 1950). · cites it 28× “Plaintiffs claim: (1) None of the three papers is valid as a will because they are not executed and witnessed as required by Iowa statute, and because section 633.49, Code of 1950 (which *345 purports to allow probate of wills executed in foreign states if executed in accordance…”

First Presbyterian Church v. Hodge, 35 N.W.2d 658 (Iowa 1949). · cites it 20× “49, Code of 1946, provides: “A last will and testament executed without this state, in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if…”

Brandt v. Schucha, 96 N.W.2d 179 (Iowa 1959). · cites it 2× “Our Code section 633.49 provides a will executed outside this state in the mode prescribed by the law of the place where executed or of the testator’s domicile shall be deemed legally executed and of the same force and effect as if executed in the mode prescribed by Iowa laws,…”

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