633.471 Right of retainer. When a distributee of an estate is indebted to the estate, or if a distributee takes as an heir of a deceased devisee indebted to the estate, the amount of such indebtedness, if due, or thepresent worth of the indebtedness, if not due, shall be treated as a setoff and retained by thepersonal representative out of any testate or intestate property, real or personal, of the estateto which such distributee is entitled. In intestate estates, the personal representative shallhave the same right of setoff and retainer against an heir whose ancestor was indebted to theestate. The right of setoff and retainer shall be prior and superior to the rights of judgmentcreditors, heirs or assigns of such distributee. [C51, §1383 – 1386; R60, §2415 – 2418; C73, §2431 – 2434; C97, §3357 – 3360; C24, 27, 31, 35, 39, §11980 – 11983; C46, 50, 54, 58, 62, §635.75 – 635.78; C66, 71, 73, 75, 77, 79, 81, §633.471] 2012 Acts, ch 1123, §13, 32 Sat Dec 23 11:26:16 2023 Iowa Code 2024, Section 633.471 (38, 0)
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