§ 633.374

633.374 Allowance to surviving spouse. 1. The personal representative of the estate shall mail to the surviving spouse pursuant to section 633.40, subsection 5, a written notice regarding the right to request a spousalallowance. The notice shall inform the surviving spouse of the surviving spouse’s right tosubmit an application to the court within four months of service of the notice, for supportfor a period of twelve months following the death of the decedent, and for support of thedecedent’s dependents who reside with the spouse for the same period of time. 2. The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent’s property including assets held ina revocable trust of which the decedent is the settlor to the extent that estate assets are notsufficient as it deems reasonable for the proper support of the surviving spouse for the periodof twelve months following the death of the decedent. Notice of hearing upon the applicationshall be given to the surviving spouse, personal representative if the application is not madeby the personal representative, trustee of any revocable trust of

. Notice of hearing upon the applicationshall be given to the surviving spouse, personal representative if the application is not madeby the personal representative, trustee of any revocable trust of which the decedent is thesettlor, and all other interested persons. The court shall take into consideration the stationin life of the surviving spouse, the assets and condition of the estate and any revocable trustof which the decedent is the settlor, the nonprobate assets received by the surviving spouseby reason of the death of the decedent, and the income and other resources of the survivingspouse. If the trustee of a revocable trust of which the decedent was a settlor has previouslymade payments under section 633A.3114 to the spouse, the court shall reduce the award bythe amount of such payments. The allowance shall also include such additional amount asthe court deems reasonable for the proper support, during such period, of dependents ofthe decedent who reside with the surviving spouse. Such allowance to the surviving spouseshall not abate upon the death or remarriage of such spouse.

oper support, during such period, of dependents ofthe decedent who reside with the surviving spouse. Such allowance to the surviving spouseshall not abate upon the death or remarriage of such spouse. If an application for supporthas not been filed within four months following service of the notice by or on behalf of thesurviving spouse and the dependents of the decedent who reside with the surviving spouse,the surviving spouse and the dependents of the decedent shall be deemed to have waived theright to apply for support during the administration of the estate. 3. A surviving spouse who qualifies for a support allowance under this section may waive the right to such allowance for the surviving spouse and for the dependents of the decedentwho reside with the surviving spouse by filing an affidavit acknowledging receipt of noticeand irrevocably waiving the right to support under this section. [C51, §1338; R60, §2370; C73, §2375, 2377; C97, §3314; C24, 27, 31, 35, 39, §11923, 11924; C46, 50, 54, 58, 62, §635.12, 635.13; C66, 71, 73, 75, 77, 79, 81, §633.374] 2008 Acts, ch 1119, §18, 39; 2012 Acts, ch 1123, §9, 32Referred to in §633.376 Sat Dec 23 11:25:35 2023 Iowa Code 2024, Section

50, 54, 58, 62, §635.12, 635.13; C66, 71, 73, 75, 77, 79, 81, §633.374] 2008 Acts, ch 1119, §18, 39; 2012 Acts, ch 1123, §9, 32Referred to in §633.376 Sat Dec 23 11:25:35 2023 Iowa Code 2024, Section 633.374 (39, 0)