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Form a Business

COMPENSATION OF FIDUCIARIES AND ATTORNEYS

Iowa Code tit. XV, ch. 633, subch. III, pt. 8
in effect

Iowa Code § 633.197 Compensation — schedule of fees.

633.197. Compensation — schedule of fees. 1. Personal representatives shall be allowed such reasonable fees as may be determined by the court for services rendered, but not in excess of the following commissions upon the gross assets of the estate listed in the probate inventory, which shall be received as full compensation for all ordinary services: a. For the first one thousand dollars, six percent. b. For the overplus between one and five thousand dollars, four percent. c. For all sums over five thousand dollars, two percent. 2. For purposes of this section, the gross assets of the estate shall not include life insurance proceeds, unless payable to the decedent’s estate. [C51, §1429; R60, §2454; C73, §2494; C97, §3415; C24, 27, 31, 35, 39, §12063; C46, 50, 54, 58, 62, §638.23; C66, 71, 73, 75, 77, 79, 81, §633.197] 94 Acts, ch 1153, §8; 2005 Acts, ch 38, §11; 2013 Acts, ch 30, §190 For reduction of fees when agents are employed and penalties, see §633.86 and 633.162

Iowa Code § 633.198 Attorney fee.

633.198. Attorney fee. There shall also be allowed and taxed as part of the costs of administration of estates as an attorney fee for the personal representative’s attorney, such reasonable fee as may be determined by the court, for services rendered, but not in excess of the schedule of fees provided in this part for personal representatives. [C24, 27, 31, 35, 39, §12064; C46, 50, 54, 58, 62, §638.24; C66, 71, 73, 75, 77, 79, 81, §633.198] 2021 Acts, ch 80, §361

Iowa Code § 633.199 Expenses and extraordinary services.

633.199. Expenses and extraordinary services. Such further allowances as are just and reasonable may be made by the court to personal representatives and their attorneys for actual necessary and extraordinary expenses and services. Necessary and extraordinary services shall be construed to include but not be limited to services in connection with real estate, tax issues, disputed matters, nonprobate assets, reopening the estate, location of unknown and lost heirs and beneficiaries, and management and disposition of unusual assets. Relevant factors to be considered in determining the value of such services shall include but not be limited to the following: 1. Time necessarily spent by the personal representatives and their attorneys. 2. Nature of the matters or issues and the extent of the services provided. 3. Complexity of the issues and the importance of the issues to the estate. 4. Responsibilities assumed. 5. Resolution. 6. Experience and expertise of the personal representatives and their attorneys. [C51, §1430; R60, §2455; C73, §2495; C97, §3415; C24, 27, 31, 35, 39, §12065; C46, 50, 54, 58, 62, §638.25; C66, 71, 73, 75, 77, 79, 81, §633.199] 2007 Acts, ch 134, §10, 28

Iowa Code § 633.200 Compensation of other fiduciaries and their attorneys.

633.200. Compensation of other fiduciaries and their attorneys. The court shall allow and fix from time to time the compensation for fiduciaries, other than personal representatives, and their attorneys for such services as they shall render as shown by an itemized claim or report made and filed setting forth what such services consist of during the period of time they continue to act in such capacities. [C51, §1515; R60, §2567; C73, §2256; C97, §3205; C24, 27, §12599; C31, 35, §12065-d1, 12599; C39, §12065.1, 12599; C46, 50, 54, 58, 62, §638.26, 668.26; C66, 71, 73, 75, 77, 79, 81, §633.200]

Iowa Code § 633.201 Court officers as fiduciaries.

633.201. Court officers as fiduciaries. Judges, clerks, and deputy clerks serving as fiduciaries shall not be allowed any compensation for services as such fiduciaries. A judge, clerk, or deputy clerk serving as a fiduciary may be compensated for fiduciary services if the services are for a family member’s estate, trust, guardianship, or conservatorship. For purposes of this section, “family member” means a spouse, child, grandchild, parent, grandparent, sibling, niece, nephew, cousin, or other relative or individual with significant personal ties to the fiduciary. [C66, 71, 73, 75, 77, 79, 81, §633.201] 2007 Acts, ch 86, §9

Iowa Code § 633.202 Affidavit relative to compensation.

633.202. Affidavit relative to compensation. In no case shall the compensation of fiduciaries and their attorneys be allowed or paid until there shall have been filed with the clerk of the district court in which administration of the estate is pending an affidavit of the fiduciary, or attorney, as the case may be, stating that there is no contract, agreement, or arrangement, either oral or written, express or implied, contemplating any division of compensation for such services, or participation therein, directly or indirectly, by any other person, firm, or corporation with such fiduciary or attorney, unless it be with a regular and bona fide law partner, or with one jointly serving with them in the same capacity in relation to the estate in which such compensation is allowed, in which event the affidavit shall show such fact. [C31, 35, §12065-d2; C39, §12065.2; C46, 50, 54, 58, 62, §638.27; C66, 71, 73, 75, 77, 79, 81, §633.202]

Iowa Code § 633.203 Affidavit for corporate fiduciary.

633.203. Affidavit for corporate fiduciary. In any case where a corporation is acting as a fiduciary under and by virtue of the provisions of chapter 524, subchapter X, the affidavit required by section 633.202 shall be executed and made by an officer of such corporation. [C31, 35, §12065-d3; C39, §12065.3; C46, 50, 54, 58, 62, §638.28; C66, 71, 73, 75, 77, 79, 81, §633.203]

Iowa Code § 633.204 Fees of deceased fiduciary.

633.204. Fees of deceased fiduciary. When a fiduciary dies, all fees to which the fiduciary’s personal representative and the fiduciary’s attorney are entitled shall be a charge against the estate assets until paid. [C66, 71, 73, 75, 77, 79, 81, §633.204]
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633&year=2026Fetched: 10/20/2026

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