633.309 Time within which action must be commenced. 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 dateof second publication of notice of admission of the will to probate or one month following themailing of the notice to all heirs of the decedent and devisees under the will whose identitiesare 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. Thetime period set out in this section applies to both the will contest and procurement of thedecedent’s will by tortious interference with inheritance if the party making the claim wasgiven notice pursuant to section 633.304. [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, §633.309] 84 Acts, ch 1080, §8; 89 Acts, ch 35, §5; 2023 Acts, ch 124, §4Section amended Sat Dec 23 11:25:09 2023 Iowa Code 2024, §11007; C46, 50, 54, 58, 62, §614.1(3); C66, 71, 73, 75, 77, 79, 81, §633.309] 84 Acts, ch 1080, §8; 89 Acts, ch 35, §5; 2023 Acts, ch 124, §4Section amended Sat Dec 23 11:25:09 2023 Iowa Code 2024, Section 633.309 (36, 2)
Iowa Legal Code