Application for Spousal Support Allowance and Exempt Property (Iowa)

APPLICATION FOR SPOUSAL SUPPORT ALLOWANCE AND EXEMPT PROPERTY

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

PROBATE NO.: [____________________]

1. APPLICANT INFORMATION

The undersigned Applicant respectfully states:

☐ Applicant is the surviving spouse of the Decedent and applies under Iowa Code § 633.374 and § 633.332.

2. DECEDENT AND FAMILY INFORMATION

Surviving spouse and dependents of the Decedent residing with the surviving spouse:

3. STATUTORY ENTITLEMENT

a. Twelve-month support allowance — Iowa Code § 633.374. Upon application, the Court shall set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the Decedent's property (including, to the extent estate assets are insufficient, assets held in a revocable trust of which the Decedent was the settlor) as the Court deems reasonable for the proper support of the surviving spouse for the period of twelve (12) months following the death of the Decedent, plus such additional amount as the Court deems reasonable for the proper support, during that period, of the Decedent's dependents who reside with the surviving spouse.

b. Timeliness. This Application is filed within four (4) months of service of the personal representative's written notice of the right to request a spousal allowance under § 633.40(5). Failure to apply within that period is deemed a waiver under § 633.374(2).

c. Factors. In fixing the allowance, the Court takes into consideration: the station in life of the surviving spouse; the assets and condition of the estate and of any revocable trust of which the Decedent was settlor; the nonprobate assets received by the surviving spouse by reason of the Decedent's death; and the income and other resources of the surviving spouse.

d. No abatement. The allowance shall not abate upon the death or remarriage of the surviving spouse (§ 633.374(2)). Any prior payments under Iowa Code § 633A.3114 from a revocable trust shall be credited against the award.

4. EXEMPT PERSONAL PROPERTY (Iowa Code § 633.332)

When the Decedent left a surviving spouse, all personal property that in the hands of the Decedent as head of a family would be exempt from execution, and that is bequeathed or set aside to the surviving spouse under Chapter 633, is exempt in the hands of the surviving spouse. Applicant requests that the following be set aside as exempt:

5. SUPPORT ALLOWANCE REQUESTED (Iowa Code § 633.374)

Applicant requests that the Court order payment of a support allowance for the twelve-month period following the Decedent's death as follows:

Source of payment: ☐ Estate assets ☐ Revocable trust assets (only to the extent estate assets are insufficient, § 633.374(2)).

6. PRIORITY AS COST OF ADMINISTRATION

The twelve-month support allowance under § 633.374 is set off and ordered paid as part of the costs of administration, and accordingly has priority over general claims of creditors against the estate. The exempt personal property under § 633.332 passes to the surviving spouse free of the Decedent's debts to the extent provided by Iowa's execution-exemption laws. This allowance is in addition to, and independent of, the surviving spouse's elective share and homestead rights under Iowa Code §§ 633.211–633.240.

7. PRAYER FOR RELIEF

WHEREFORE, Applicant respectfully requests that the Court:

a. Set this Application for hearing and order notice to the surviving spouse, the personal representative (if not the Applicant), the trustee of any revocable trust of which the Decedent was settlor, and all other interested persons (§ 633.374(2));

b. Set off and order paid to the surviving spouse a reasonable support allowance for the twelve months following the Decedent's death, in the amount of $[________________], plus a reasonable additional amount for the support of the Decedent's dependents residing with the surviving spouse;

c. Set aside to the surviving spouse the exempt personal property itemized above under Iowa Code § 633.332;

d. Direct that the support allowance be paid as a cost of administration with priority over general creditor claims; and

e. Grant such other and further relief as the Court deems just and equitable.

8. VERIFICATION

I, [APPLICANT FULL LEGAL NAME], declare under penalty of perjury and pursuant to the laws of the State of Iowa that I have read the foregoing Application, and that the statements of fact contained therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Iowa.

Signature: ______________________________________

Printed Name: [APPLICANT FULL LEGAL NAME]

9. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Application was served upon the following interested persons by the method indicated:

Signature: ______________________________________
Printed Name: [APPLICANT / ATTORNEY NAME]
Iowa Bar No.: [________________] (if attorney)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

10. ATTACHMENTS CHECKLIST

☐ Certified copy of Death Certificate
☐ Copy of personal representative's notice of right to request spousal allowance (§ 633.40(5))
☐ Inventory or estimate of estate and nonprobate assets
☐ Schedule of nonprobate assets received by surviving spouse
☐ Itemized list and appraised values of claimed exempt personal property (§ 633.332)
☐ Proposed Order setting off support allowance and exempt property
☐ Proof of service on interested persons
☐ Filing fee or fee waiver

Sources and References

• Iowa Code § 633.374 — Allowance to surviving spouse (12-month support): https://www.legis.iowa.gov/docs/code/633.374.pdf
• Iowa Code § 633.332 — Exempt personal property: https://www.legis.iowa.gov/docs/code/633.332.pdf
• Iowa Code § 633.40 — Duties of personal representative; notice of spousal allowance
• Iowa Code § 633A.3114 — Trustee payments creditable against allowance