Iowa Code
Iowa Code § 633.644 (2026)
Court order to preserve testamentary intent of protected person
✓ current as of July 2026
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Upon receiving an instrument purporting to be the will of a living protected person under the provisions of section 633.643, the court may open said will and read it. The court with or without notice, as it may determine, may enter such orders in the conservatorship as it deems advisable for the proper administration of the conservatorship in light of the expressed testamentary intent of the protected person. [C66, 71, 73, 75, 77, 79, 81, §633.644] 2024 Acts, ch 1009, §74
\nNotes of Decisions
Cited in 5
cases (1 in the last 5 years), 1988–2021 · leading case: Matter of Conservatorship of Britten, 430 N.W.2d 408 (Iowa 1988).
Matter of Conservatorship of Britten, 430 N.W.2d 408 (Iowa 1988). “It is provided in Iowa Code section 633.644 that, [u]pon receiving an instrument purporting to be the will of a living ward under the provisions of section 633.”
Matter of Est. of Carpenter, 533 N.W.2d 497 (Iowa 1995). “This procedure is authorized by Iowa Code section 633.644. Because the designated executor under decedent's will has a personal interest in this litigation, the present declaratory judgment action was brought by a temporary executor appointed by the probate court.”
Beckmann v. Densmore, 533 N.W.2d 497 (Iowa 1995). “This procedure is authorized by Iowa Code section 633.644. Because the designated executor under decedent’s will has a personal interest in this litigation, the present declaratory judgment action was brought by a temporary executor appointed by the probate court.”
In the Matter of the Guarianship & Conservatorship of Mabelle L. Raska (Iowa Ct. App. 2019). “§ 633.644. When considering an application for charitable donation of conservatorship assets, courts are not expressly required to read a ward’s will.”
In the Matter of the Guardianship & Conservatorship of Marvin M. Jorgensen (Iowa 2021). “See Iowa Code § 633.644 (authorizing orders in a conservatorship that preserve a living ward’s testamentary intent expressed in a prior will); see also id.”
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