§ 633.415

633.415 Commencement or continuance of separate action. 1. Any action pending against the decedent at the time of the decedent’s death that survives, shall also be considered a claim filed against the estate if notice of substitution isserved upon the personal representative as defendant within the time provided for filingclaims in section 633.410; however, this provision shall not bar parties entitled to equitablerelief due to peculiar circumstances. A copy of the proof of service of notice of such proceedings shall be filed in the probate proceedings but shall not be jurisdictional. 2. A separate action based on a debt or other liability of the decedent may be commenced against a personal representative of the decedent in lieu of filing a claim in the estate. Suchan action shall be commenced by serving an original notice on the personal representativewithin the time provided for filing claims in section 633.410 and such action shall also beconsidered a claim filed against the estate. Such action may be commenced only in a countywherein the venue would have been proper had the decedent survived and the action beencommenced against the decedent.

ed a claim filed against the estate. Such action may be commenced only in a countywherein the venue would have been proper had the decedent survived and the action beencommenced against the decedent. A copy of the proof of service of notice shall be filed in theprobate proceedings but shall not be jurisdictional. 3. A judgment or decree in favor of the plaintiff in any such action shall constitute an adjudication against the estate. 4. In all cases where by the death of the party to be charged, the bringing of the action against the estate shall have been delayed beyond the period provided by the statute oflimitations, the action may be brought if the original notice is served on the personalrepresentative as defendant, and proof of service of notice of such proceeding is filed in theprobate proceedings within the time provided for filing claims in section 633.410. [C51, §1373; R60, §2405; C73, §2421; C97, §3349; C24, 27, 31, 35, 39, §11972; C46, 50, 54, 58, 62, §635.68; C66, 71, 73, 75, 77, 79, 81, §633.415] 2016 Acts, ch 1011, §121Referred to in §633.416, 633.417 Sat Dec 23 11:25:53 2023 Iowa Code 2024, Section 633.415 (37, 0)