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MATTER OF ESTATE OF RENWANZ

No. 96-134.

561 N.W.2d 43 (1997)

In the MATTER OF the ESTATE OF Lee D. RENWANZ, Deceased. Susan RASMUSSEN, Appellant, v. Teresa TUHN, Executor of the Estate of Lee D. Renwanz, Deceased, Appellee.

Supreme Court of Iowa.

March 26, 1997.

Attorney(s) appearing for the Case

Peter C. Riley of Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.

Bernard L. Spaeth, Jr. and Nancy P. O'Brien of Whitfield & Eddy, P.L.C., Des Moines, for appellee.

Considered by CARTER, P.J., and LAVORATO, SNELL, ANDREASEN, and TERNUS, JJ.

SNELL, Justice.

Our inquiry in this case is whether an executor is required by statute to mail notice of probate to a creditor who has actual knowledge of the probate proceedings. We hold that mailed notice is required. We reverse and remand.

I. Factual and Procedural Background

On December 18, 1993, Lorraine Renwanz went to her husband's residence to pick up various items of personal property that were divided by the court under the terms of a ...

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