633.351  Possession of real and personal property.

If there is no distributee of the real estate present and competent to take possession, or if there is a lease of such real estate outstanding, or if the distributees present and competent consent thereto, the personal representative shall take possession of such 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.

Section History: Early form

  [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]

Internal References

  Referred to in § 633.350


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