{"data":{"id":"us-ia/iowa-code-633.244","jurisdiction":"us-ia","citation":"Iowa Code § 633.244","heading":"Incompetent spouse — election by court.","body":"In case an affidavit is filed that the surviving spouse is incapable of determining whether to take the elective share, or to elect to receive a life estate in the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter and cause a notice thereof to be served upon the surviving spouse in such manner and for such time as the court may direct. At the hearing, a guardian ad litem shall be appointed to represent the spouse and the court shall enter such orders as it deems appropriate under the circumstances. The guardian ad litem shall be a practicing attorney.","path":["Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)","Chapter 633 - PROBATE CODE","Subchapter V - RIGHTS OF SURVIVING SPOUSE","Part 1 - RIGHT TO TAKE AGAINST THE WILL"],"source_url":"https://www.legis.iowa.gov/docs/code/2026/633.244.pdf","current_through":"Iowa Code 2026 edition","vintage":"","retrieved_at":"2026-09-14T19:40:16Z","sha256":"36a407f57e94b1db873cfc9b27d83c5cfe7dfe375a7511b61d02124c8020ad72","source_id":"us-ia","stale":false,"prev":"us-ia/iowa-code-633.243","next":"us-ia/iowa-code-633.245"},"notice":"GroundRules: Original legal text. Not legal advice."}