633.351 Possession of real and personal property.

177 words·~1 min read·/ia/chapter-633-probate-code/633-351

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

During the period of administration, the personal representative shall take possession of the decedent’s real estate, except the homestead and other property exempt to the surviving spouse. Every personal representative shall take possession of all the personal property of the decedent, except the property exempt to the surviving spouse. The personal representative may maintain an action for the possession of such real and personal property or to determine the title to any property of the decedent.

Until property is distributed, the personal representative shall take reasonable steps to safeguard such property, pay any expenses related to such property, and collect any income generated by such property. Unless otherwise provided by the decedent’s will, all such expenses shall be paid from the residuary estate and all such income shall be considered a part of the residuary estate.

[C51, §1327; R60, §2359; C73, §2402 – 2404, 2407; C97, §3333, 3334, 3337; C24, 27, 31, 35, 39, §11952, 11953, 11956; C46, 50, 54, 58, 62, §635.48, 635.49, 635.52; C66, 71, 73, 75, 77, 79, 81, §633.351]

Referred to in §633.350