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Iowa Code § 633.309

Time within which action must be commenced

Known as the Iowa Probate Code

The act spans §§ 633–633 (527 sections).

Applied in 4 court decisions — leading case Huffey v. Lea (1992)

Most recently applied in Matter of Estate of Daily (August 1996)

[C51, §1659; R60, §1075, 1865, 2740; C73, §486, 2529; C97, §3447; S13, §2963-g, 3447; C24, 27, 31, 35, 39, §11007; C46, 50, 54, 58, 62, §614.1(3); C66, 71, 73, 75, 77, 79, 81, §…

How often courts cite this section

1991199620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons’ last known addresses.

2. A party claiming the decedent’s will was procured in whole or in part by tortious interference with inheritance must join such claim together in a timely will contest. The time period set out in this section applies to both the will contest and procurement of the decedent’s will by tortious interference with inheritance if the party making the claim was given notice pursuant to section 633.304.

84 Acts, ch 1080, §8; 89 Acts, ch 35, §5; 2023 Acts, ch 124, §4

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.