633.304 Notice of probate of will with administration. 1. As used in this section, 'heir' means only such person as would, in an intestate estate, be entitled to a share under section 633.219. 2. On admission of a will to probate, the executor, as soon as letters are issued, shall cause notice to be published once each week for two consecutive weeks in a daily or weeklynewspaper of general circulation published in the county in which the estate is pending. Atany time during the pendency of administration that the executor has knowledge of the nameand address of a person believed to own or possess a claim which will not or may not be paidor otherwise satisfied during administration, the executor shall provide notice by ordinarymail to each such claimant at the claimant’s last known address. The executor shall also,as soon as practicable give notice, except to any executor, by ordinary mail to the survivingspouse, each heir of the decedent, and each devisee under the will admitted to probate whoseidentities are reasonably ascertainable, at such persons’ last known addresses, of admissionof the will to probate and of the appointment of the executor. isee under the will admitted to probate whoseidentities are reasonably ascertainable, at such persons’ last known addresses, of admissionof the will to probate and of the appointment of the executor. In the notice shall be includeda notice that any action to set aside the probate of the will must be brought within the later tooccur of four months from the date of the second publication of the notice or one month fromthe date of mailing of this notice or thereafter be forever barred, a notice to debtors to makepayment, and a notice to creditors having claims against the estate to file them with the clerkwithin four months from the second publication of the notice, or thereafter be forever barred. 3. The notice shall be substantially in the following form: In the District Court of Iowa in and for .................... County. Probate No. ................ In the Estate of NOTICE OF PROBATE OF WILL, ...................., Deceased OF APPOINTMENT OFEXECUTOR, ANDNOTICE TO CREDITORS To All Persons Interested in the Estate of ........................, Deceased, who died on or about ................ (date): You are hereby notified that on the ........ day of ............ CREDITORS To All Persons Interested in the Estate of ........................, Deceased, who died on or about ................ (date): You are hereby notified that on the ........ day of ............ (month), ............ (year), the last will and testament of ........................, deceased, bearing the date of the ........ day of ............ (month),............ (year), was admitted to probate in the above-named courtand that ........................ was appointed executor of the estate. Anyaction to set aside the will must be brought in the district court ofsaid county within the later to occur of four months from the dateof the second publication of this notice or one month from the dateof mailing of this notice to all heirs of the decedent and deviseesunder the will whose identities are reasonably ascertainable, orthereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, andcreditors having claims against the estate shall file them with theclerk of the above-named district court, as provided by law, dulyauthenticated, for allowance, and, unless so filed by the later tooccur of rs having claims against the estate shall file them with theclerk of the above-named district court, as provided by law, dulyauthenticated, for allowance, and, unless so filed by the later tooccur of four months from the date of second publication of thisnotice or one month from the date of mailing of this notice (unlessotherwise allowed or paid), a claim is thereafter forever barred. Dated this ........ day of ............ (month), ............ (year) ........................Executor of estate................................Address........................ Sat Dec 23 11:25:06 2023 Iowa Code 2024, Section 633.304 (51, 0) §633.304, PROBATE CODE 2 Attorney for executor................................AddressDate of second publication........ day of ............ (month), ............ (year) (Date to be inserted by publisher) [C51, §1357, 1358; R60, §2389, 2390; C73, §2366; C97, §3304; C24, 27, 31, 35, 39, §11890; C46, 50, 54, 58, 62, §633.46; C66, 71, 73, 75, 77, 79, 81, §633.304] 84 Acts, ch 1080, §6; 89 Acts, ch 35, §3; 93 Acts, ch 111, §3; 2000 Acts, ch 1058, §67; 2000 Acts, ch 1150, §4; 2002 Acts, ch 1119, §98; 2013 Acts, ch 90, §217; 2014 Acts, ch 1092, §137;2015 Acts, ch 30, cts, ch 1080, §6; 89 Acts, ch 35, §3; 93 Acts, ch 111, §3; 2000 Acts, ch 1058, §67; 2000 Acts, ch 1150, §4; 2002 Acts, ch 1119, §98; 2013 Acts, ch 90, §217; 2014 Acts, ch 1092, §137;2015 Acts, ch 30, §181; 2016 Acts, ch 1073, §173 Referred to in §590.1, 633.230, 633.305, 633.309, 633A.3109, 633A.3111, 635.13 Sat Dec 23 11:25:06 2023 Iowa Code 2024, Section 633.304 (51, 0)
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