633.374 - ALLOWANCE TO SURVIVING SPOUSE.
633.374 ALLOWANCE TO SURVIVING SPOUSE. 1. If the personal representative of the estate is not the decedent's spouse, the personal representative of the estate shall cause written notice concerning support to be mailed to the surviving spouse pursuant to section 633.40, subsection 5. The notice shall inform the surviving spouse of the surviving spouse's right to apply, within four months of service of the notice, for support for a period of twelve months following the death of the decedent, and for support of the decedent's dependents who reside with the spouse for the same period of time. 2. The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent's property as it deems reasonable for the proper support of the surviving spouse for the period of twelve months following the death of the decedent. If the application is not made by the personal representative, notice of hearing upon the application shall be given to the personal representative. The court shall take into consideration the station in life of the surviving spouse and the assets and condition of the estate. The allowance shall also include such additional amount as the court deems reasonable for the proper support, during such period, of dependents of the decedent who reside with the surviving spouse. Such allowance to the surviving spouse shall not abate upon the death or remarriage of such spouse. If an application for support has not been filed within four months following service of the notice by or on behalf of the surviving spouse and the dependents of the decedent who reside with the surviving spouse, the surviving spouse and the dependents of the decedent shall be deemed to have waived the right to apply for support during the administration of the estate.
Section History: Early Form [C51, § 1338; R60, § 2370; C73, § 2375, 2377; C97, § 3314; C24, 27, 31, 35, 39, § 11923, 11924; C46, 50, 54, 58, 62, § 635.12, 635.13; C66, 71, 73, 75, 77, 79, 81, § 633.374]
Section History: Recent Form 2008 Acts, ch 1119, §18, 39
Footnotes 2008 amendments to this section apply to estates of decedents dying on or after July 1, 2008; 2008 Acts, ch 1119, § 39