Iowa Code
Iowa Code § 636.5 (2026)
Attorneys not receivable as surety
✓ current as of July 2026
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Attorneys at law shall not be accepted as sureties upon any official bonds provided for in section 636.4. [S13, §358; C24, 27, 31, 35, 39, §12755; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §682.5] C93, §636.5 Referred to in §636.6, 636.7 Qualifications for sureties on probate bonds, see §633.182 Similar provision, §621.7
\nNotes of Decisions
Cited in 21
cases, 1947–1975 · leading case: McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947).
McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947). “) If decedent dies intestate the survivor is entitled to dower (distributive share) to the extent of one third of the real estate, generally speaking, section 636.5; which share may include the homestead, section 636.”
In re Est. of Coleman, 49 N.W.2d 517 (Iowa 1951). “So far as material here, section 636.5, Code, 1950, I. C. A., provides that one third in value of all real property possessed by the husband shall go to the surviving wife.”
In Re Miller's Est.., 54 N.W.2d 433 (Iowa 1952). “32 provides in part: “If the intestate leaves no issue, the whole of the estate to the amount of fifteen thousand dollars * * * and one-half of all the estate in excess of said fifteen thousand dollars shall go to the surviving spouse * * Code section 636.5, entitled “Dower”…”
Davis v. Davis, 114 N.W.2d 314 (Iowa 1962). “32 of the Code when, due to a failure of a bequest, the residue of the estate exceeds her statutory share set forth in section 636.5, Code, 1958. The trial court held such residue descended as intestate property to the only surviving heir, that she was not an heir of decedent…”
In Re Est. of Dluhos, 70 N.W.2d 549 (Iowa 1955). “1, Code of Iowa, 1950 (now 1954) provides: “The personal property of the deceased not necessary for the payment of debts, nor otherwise disposed of, shall be distributed to the same persons and in the same proportions as though it were real estate” and section 636.5 provides:…”
Richardson v. Richardson Ex Rel. Est. of Richardson, 79 N.W.2d 769 (Iowa 1957). “Richardson was the absolute owner of all the land in groups B and C when he died and that defendant Gertrude Richardson was entitled to her statutory share of all he died seized of, including the interest provided by both Code section 636.5 and section 636.32, Iowa Code, 1954.”
Peddicord v. Peddicord, 47 N.W.2d 264 (Iowa 1951). “A consideration of the entire record leads us to conclude the contract to transfer to plaintiffs the interest of Melford and Raymond in the property Avas established by clear, convincing and satisfactory evidence.”
Clarken v. Brown, 137 N.W.2d 376 (Iowa 1965). “the time of their death, their respective spouses would each take their statutory distributive share, not as an heir of the deceased husband but by virtue of the statute, Having determined in Division I herein that testator’s will created a vested remainder in those comprising…”
In re Est. of Clemmons, 49 N.W.2d 883 (Iowa 1951). “32, Code, 1946, or only one third thereof under section 636.5 as the tx’ial court held! We think the spouse is entitled to all the Iowa land.”
In Re Est. of Kees, 31 N.W.2d 380 (Iowa 1948). “Also, since there is no pleading or proof to the contrary, it is presumed the law of Oklahoma as to the extent of the dower right is the same as ours — one third in value (Code section 636.5). In re Maintenance of Newhouse, 233 Iowa 1007, 1013, 1014 , 9 N.”
Mensinger v. Hass, 35 N.W.2d 461 (Iowa 1949). “(See section 636.5, Code, 1946.) The mother claimed the right'to retain the homestead for life in lieu of her distributive share in the real estate.”
Seeley v. Seeley, 45 N.W.2d 881 (Iowa 1951). “Section 636.5, Iowa Code, 1950. We do not inquire into any complication that might be conceived as to possible rights under the earlier will since all beneficiaries therein have acquiesced in the failure to present same for probate and are parties to the instant litigation,…”
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