Iowa Code

Iowa Code § 635.1 (2026)

When applicable

✓ current as of July 2026

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When the gross value of the probate assets of a decedent subject to the jurisdiction of this state does not exceed two hundred thousand dollars, and upon a petition as provided in section 635.2 of an authorized petitioner in accordance with sections 633.227 and 633.228, or section 633.290, subsection 1, paragraph “a” or “b”, the clerk shall issue letters of appointment for administration to the proposed personal representative named in the petition, if qualified to serve pursuant to section 633.63 or upon court order pursuant to section 633.64. Unless otherwise provided in this chapter, the provisions of chapter 633 apply to an estate administered pursuant to this chapter. [C75, 77, 79, 81, §635.1; 81 Acts, ch 199, §1; 82 Acts, ch 1204, §1 – 4] 89 Acts, ch 25, §1; 2007 Acts, ch 134, §21, 28; 2008 Acts, ch 1119, §34; 2013 Acts, ch 33, §8, 9; 2018 Acts, ch 1140, §2, 7, 10 Referred to in §635.2, 635.7, 635.8

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1964–2024 · leading case: Klosterboer v. Engelkes, 127 N.W.2d 111 (Iowa 1964).

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Klosterboer v. Engelkes, 127 N.W.2d 111 (Iowa 1964). · cites it 2× “” Code section 635.1 provides that the probate inventory shall include, among other matters, decedent’s real estate, “giving amount, and an accurate description of each tract.”

In re Est. of White (Iowa Ct. App. 2024). · cites it 9× “§ 635.1. Piper asked to be appointed as the estate’s administrator.”

In the Matter of the Est. of Richard Willard Lamour, Leslee Heiberger & Liz Kilburg (Iowa Ct. App. 2017). · cites it 2× “Iowa Code § 635.1 (2013). 3 approved the fees and ordered “this sum as well as any court costs attributable to the objections raised by Leslee and Liz shall be paid out of Leslee and Liz’s shares.”

In the Matter of the Est. of John Patrick Shanahan (Iowa Ct. App. 2018). · cites it 2× “Iowa Code § 635.1 . 4 We recognize a court is not “bound to accept the fees consented to by the beneficiaries.”

In the Matter of the Est. of Pamela Ann Gavin (Iowa Ct. App. 2024). · cites it 2× “See Iowa Code § 635.1 (“Unless otherwise provided in this chapter, the provisions of chapter 633 apply to an estate administered pursuant to this chapter.”

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