Title to decedent’s estate — when property passes — possession and control thereof — liability for administration expenses, debts, and family allowance.

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633.350 Title to decedent’s estate — when property passes — possession and control thereof — liability for administration expenses, debts, and family allowance.

Except as otherwise provided in this probate code, when a person dies, the title to the person’s property, real and personal, passes to the person to whom it is devised by the person’s last will, or, in the absence of such disposition, to the persons who succeed to the estate as provided in this probate code, but all of the property shall be subject to the possession of the personal representative as provided in section 633.351 and to the control of the court for the purposes of administration, sale, or other disposition under the provisions of law, and such property, except homestead and other exempt property, shall be chargeable with the payment of debts and charges of the estate. There shall be no priority as between real and personal property, except as provided in this probate code or by the will of the decedent. If real property is titled at any time in a decedent’s estate, such property shall be treated as titled in the name of the personal representative of the estate.

[C66, 71, 73, 75, 77, 79, 81, §633.350]

2005 Acts, ch 38, §51; 2009 Acts, ch 52, §6, 14; 2012 Acts, ch 1123, §5


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