When the owner of property transfers it as an advancement to a person who would be an heir of such transferor were the latter to die at that time, and the transferor dies intestate, then the property thus advanced shall be counted toward the share of the transferee in the estate, (which for this purpose only shall be increased by the value of the advancement at the time the advancement was made). The transferee shall have no liability to the estate for such part, if any, of the advancement as may be in excess of the transferee's share in the estate as thus determined. Every gratuitous inter vivos transfer is presumed to be an absolute gift, and not an advancement. Such presumption is rebuttable.
[C51, § 1419, 1420; R60, § 2445, 2446; C73, § 2459; C97, § 3383; C24, 27, 31, 35, 39, § 12029; C46, 50, 54, 58, 62, § 636.44; C66, 71, 73, 75, 77, 79, 81, § 633.224]
Referred to in § 633.210, 633.225, 633.226
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