633.427 Payment of contingent claims by distributees — contribution. If a contingent claim has been filed and allowed against an estate and all the assets of the estate have been distributed, and the claim becomes absolute, the creditor has the right torecover on the claim against those distributees whose distributive shares have been increasedbecause the amount of the claim as finally determined was not paid prior to final distribution,if an action for recovery is commenced within four months after the claim becomes absolute.Such distributees are jointly and severally liable, but a distributee is not liable for an amountexceeding the amount of the estate or fund so distributed to that distributee. If more thanone distributee is liable to the creditor, the creditor shall make parties to the action all suchdistributees who can be reached by process. By its judgment, the court shall determine theamount of the liability of each of the distributees as between themselves, but if any distributeeis insolvent or unable to pay that distributee’s proportion, or is beyond the reach of process,the others, to the extent of their respective liabilities, are nevertheless liable to the any distributeeis insolvent or unable to pay that distributee’s proportion, or is beyond the reach of process,the others, to the extent of their respective liabilities, are nevertheless liable to the creditorfor the whole amount of the creditor’s debt. If any person liable for the debt fails to paythat person’s just proportion to the creditors, the person is liable to indemnify all who, byreason of the failure, have paid more than their just proportion of the debt, the indemnity tobe recovered in the same action or in separate actions. [C66, 71, 73, 75, 77, 79, 81, §633.427]84 Acts, ch 1080, §11 Sat Dec 23 11:25:58 2023 Iowa Code 2024, Section 633.427 (35, 0)
Iowa Legal Code