Iowa Code

Iowa Code § 651.3 (2026)

Partition of real estate pending probate or administration of estate

✓ current as of July 2026

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If an entire interest in real estate is owned by a decedent on whose estate administration or probate is pending a partition action shall not be brought until four months after the second publication of the notice of the appointment of the personal representative. A partition action shall not be brought at any time while an application for authority to sell such real estate is pending in a probate proceeding. 2018 Acts, ch 1108, §3 Former §651.3 repealed by 2018 Acts, ch 1108, §33

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2016–2024 · leading case: Russell L. Newhall v. Marcia Elaine Newhall Roll, 888 N.W.2d 636 (Iowa 2016).

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Russell L. Newhall v. Marcia Elaine Newhall Roll, 888 N.W.2d 636 (Iowa 2016). · cites it 2× “In a partition by sale, the property is sold and the sale proceeds are distributed according to the parties’ respective interests. 59A Am. Jur, 2d Partition § 117, at 94 (2015).”

Amended March 13, 2017 Russell L. Newhall v. Marcia Elaine Newhall Roll (Iowa 2016). · cites it 2× “In a partition by sale, the property is sold and the sale proceeds are distributed according to the parties’ respective interests. 59A Am. Jur. 2d Partition § 117, at 94 (2015).”

David A. Muhr & Christine L. Mickel v. Rachelle E. Willenborg (Iowa Ct. App. 2024). · cites it 2× “See Iowa Code § 651.3 (2017) (“When partition can be conveniently made of part of the premises but not of all, one portion may be partitioned and the other sold, as provided in this chapter.”

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