2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633 - PROBATE CODE
633.436 - GENERAL ORDER FOR ABATEMENT.

        633.436  GENERAL ORDER FOR ABATEMENT.
         1.  Except as provided in sections 633.211 and 633.212, shares of
      the distributees shall abate, for the payment of debts and charges,
      federal estate taxes, legacies, the shares of children born or
      adopted after the making of a will, or the share of the surviving
      spouse who elects to take against the will, without any preference or
      priority as between real and personal property, in the following
      order:
         a.  Property not disposed of by the will;
         b.  Property devised to the residuary devisee, except property
      devised to a surviving spouse who takes under the will;
         c.  Property disposed of by the will, but not specifically
      devised and not devised to the residuary devisee, except property
      devised to a surviving spouse who takes under the will;
         d.  Property specifically devised, except property devised to
      a surviving spouse who takes under the will;
         e.  Property devised to a surviving spouse who takes under the
      will.
         2.  A general devise charged on any specific property or fund
      shall, for purposes of abatement, be deemed property specifically
      devised to the extent of the value of the property on which it is
      charged.  Upon the failure or insufficiency of the property on which
      it is charged, it shall be deemed property not specifically devised
      to the extent of such failure or insufficiency.  

         Section History: Early Form

         [C51, § 1284, 1285; R60, § 2316, 2317; C73, § 2334, 2335; C97, §
      3279; S13, § 3279, 3279-a; C24, 27, 31, 35, 39, § 11858, 11859;
      C46, 50, 54, 58, 62, § 633.13, 633.14; C66, 71, 73, 75, 77, 79, 81, §
      633.436] 

         Section History: Recent Form

         85 Acts, ch 19, §3; 2008 Acts, ch 1119, §19
         Referred to in § 633.278, 633.437