2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633 - PROBATE CODE
633.410 - LIMITATION ON FILING CLAIMS AGAINST DECEDENT'S ESTATE.

        633.410  LIMITATION ON FILING CLAIMS AGAINST
      DECEDENT'S ESTATE.
         1.  All claims against a decedent's estate, other than charges,
      whether due or to become due, absolute or contingent, liquidated or
      unliquidated, founded on contract or otherwise, are forever barred
      against the estate, the personal representative, and the distributees
      of the estate, unless filed with the clerk within the later to occur
      of four months after the date of the second publication of the notice
      to creditors or, as to each claimant whose identity is reasonably
      ascertainable, one month after service of notice by ordinary mail to
      the claimant's last known address.
         2.  Notwithstanding subsection 1, claims for debts created under
      section 249A.5, subsection 2, relating to the recovery of medical
      assistance payments shall be barred under this section unless filed
      with the clerk within the later to occur of four months after the
      date of the second publication of the notice to creditors, or six
      months after service of notice by ordinary mail, on the form
      prescribed in section 633.231 for intestate estates or on the form
      prescribed in section 633.304A for testate estates, to the entity
      designated by the department of human services to receive notice.
         3.  Notice is not required to be given by mail to any creditor
      whose claim will be paid or otherwise satisfied during administration
      and the personal representative may waive the limitation on filing
      provided under this section.  This section does not bar claims for
      which there is insurance coverage, to the extent of the coverage, or
      claimants entitled to equitable relief due to peculiar circumstances.
      

         Section History: Early Form

         [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, § 633.410] 

         Section History: Recent Form

         84 Acts, ch 1080, § 9; 85 Acts, ch 92, §1; 89 Acts, ch 35, §6; 95
      Acts, ch 68, §7; 2001 Acts, ch 109, §3; 2007 Acts, ch 134, §14
         Referred to in § 633.231, 633.304A, 633.413, 633.414, 633.415,
      633.444