633.305 Notice if no administration. 1. On admission of a will to probate without administration of the estate, the proponent shall cause to be published, in the manner prescribed in section 633.304, a notice of theadmission of the will to probate. As soon as practicable following the admission of the will toprobate, the proponent shall give notice of the admission of the will to probate by ordinarymail addressed to the surviving spouse, each heir of the decedent, and each devisee underthe will admitted to probate whose identities are reasonably ascertainable, at such persons’last known addresses. The notice of the admission of the will to probate shall include a noticethat any action to set aside the will must be brought within the later to occur of four monthsfrom the date of the second publication of the notice or one month from the date of mailingof this notice, or thereafter be barred. 2. 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. 3. The notice shall be substantially in the following form: In the District Court of Iowa in and for .................... County. Probate No. ate estate, be entitled to a share under section 633.219. 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 PROOF OF WILL ...................., Deceased WITHOUT ADMINISTRATION 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 date of the ........ day of ............ (month), ............ (year), wasadmitted to probate in the above-named court and there will be nopresent administration of the estate. Any action to set aside the willmust be brought in the district court of the county within the laterto occur of four months from the date of the second publication ofthis notice or one month from the date of mailing of this notice to allheirs of the decedent and devisees under the will whose identitiesare reasonably ascertainable, or thereafter be forever barred. Dated this ........ day of ............ f mailing of this notice to allheirs of the decedent and devisees under the will whose identitiesare reasonably ascertainable, or thereafter be forever barred. Dated this ........ day of ............ (month), ............ (year) ....................Proponent....................Attorney for estate....................AddressDate of second publication........ day of ............ (month), ............ (year) (Date to be inserted by publisher) [C66, 71, 73, 75, 77, 79, 81, §633.305]84 Acts, ch 1080, §7; 89 Acts, ch 35, §4; 93 Acts, ch 111, §4; 2000 Acts, ch 1058, §68; 2000 Acts, ch 1150, §5; 2002 Acts, ch 1119, §100; 2006 Acts, ch 1129, §11; 2008 Acts, ch 1032, §85;2016 Acts, ch 1073, §175 Referred to in §590.1, 633.230 Sat Dec 23 11:25:07 2023 Iowa Code 2024, Section 633.305 (45, 0)
Iowa Legal Code