GENERAL PROVISIONS

Iowa Code tit. XV, ch. 633, subch. III, pt. 4, subpt. A

in effect

Iowa Code § 633.108 Small distributions.

633.108. Small distributions. 1. Whenever a person becomes entitled under the terms of a will to a bequest or legacy, or to a share of the estate of an intestate, and the value of the bequest, legacy, or share does not exceed the sum of fifty thousand dollars, the personal representative may pay the bequest, legacy, or interest to a fiduciary acting under one or more of the accounts referenced in subsection 2. 2. Receipt by the custodian, when presented to the court or filed with the report of distribution of the fiduciary, shall have the same force and effect as though the payment had been made to a duly appointed and qualified conservator for the person entitled to them: a. A uniform transfer to minor account established for the minor pursuant to chapter 565B or the laws of any other state. b. A uniform custodial trust account established for the minor pursuant to chapter 633F or the laws of any other state. c. A college savings plan account established for the minor pursuant to Internal Revenue Code section 529 or chapter 12D. d. An ABLE account established for the minor with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I. [C39, §12077.1; C46, 50, 54, 58, 62, §638.41; C66, 71, 73, 75, 77, 79, 81, §633.108; 81 Acts, ch 193, §1; 82 Acts, ch 1052, §1] 95 Acts, ch 63, §3; 2000 Acts, ch 1150, §2; 2005 Acts, ch 38, §10; 2021 Acts, ch 8, §24 For small distributions and transfers involving minors, see chapter 565B, §633.555, 633.681

Iowa Code § 633.109 Inability to distribute estate funds.

633.109. Inability to distribute estate funds. Any fiduciary having in the fiduciary’s possession or under the fiduciary’s control any funds, moneys or securities due or to become due to any other person to whom payment or delivery cannot be made as shown by the report of the fiduciary on file, may, upon order of court, deposit such property with the clerk and take the receipt of the clerk for the same. Such receipt shall specifically state from whom said property was derived, the description thereof, and the name of the person entitled to the same. Thereafter, such funds shall be held and disposed of by the clerk in accordance with the provisions of chapter 636. [C66, 71, 73, 75, 77, 79, 81, §633.109] Deposit of undistributed trust funds and notice of deposit, see §636.31, 636.34

Iowa Code § 633.110 Receipts taken.

633.110. Receipts taken. If such fiduciary shall otherwise discharge all the duties imposed by such appointment, the fiduciary may take the receipts of the clerk for such funds, moneys, or securities so deposited, which receipts shall specifically set forth from whom said funds, moneys, or securities were derived, the amount thereof, and the name of the person to whom due or to become due, if known. [C66, 71, 73, 75, 77, 79, 81, §633.110] For fiduciary not governed by probate code, see §636.32

Iowa Code § 633.111 Final discharge period.

633.111. Final discharge period. Such fiduciary may file such receipts with the final report, and if it shall be made to appear to the satisfaction of the court that the fiduciary has in all other respects complied with the law governing the appointment and duties, the court may approve such final report and enter the fiduciary’s discharge. [C66, 71, 73, 75, 77, 79, 81, §633.111] For fiduciary not governed by probate code, see §636.33

Iowa Code § 633.112 Discovery of property.

633.112. Discovery of property. The court may require any person suspected of having possession of any property, including records and documents, of the decedent, protected person, or the estate, or of having had such property under the person’s control, to appear and submit to an examination under oath touching such matters, and if on such examination it appears that the person has the wrongful possession of any such property, the court may order the delivery thereof to the fiduciary. Such a person shall be liable to the estate for all damages caused by the person’s acts. [C51, §1334, 1439; R60, §2366, 2464; C73, §2379, 2484; C97, §3315, 3407; C24, 27, 31, 35, 39, §11925, 12059; C46, 50, 54, 58, 62, §635.14, 638.19; C66, 71, 73, 75, 77, 79, 81, §633.112] 2024 Acts, ch 1009, §57 Similar provisions, §630.19, 680.10

Iowa Code § 633.113 Commitment.

633.113. Commitment. If, upon being served with an order of the court requiring appearance for interrogation, as provided in section 633.112, any person fails to appear in accordance therewith, or if, having appeared, the person refuses to answer any question which the court thinks proper to be put to the person in the course of such examination, or if the person fails to comply with the order of the court requiring the delivery of the property to the fiduciary, the person may be committed to the jail of the county until the person does. [C51, §1335; R60, §2367; C73, §2380; C97, §3316; C24, 27, 31, 35, 39, §11926; C46, 50, 54, 58, 62, §635.15; C66, 71, 73, 75, 77, 79, 81, §633.113] 2008 Acts, ch 1031, §68; 2008 Acts, ch 1032, §84

Iowa Code § 633.114 Compromise of claims held by an estate.

633.114. Compromise of claims held by an estate. When it appears for the best interest of the estate, the fiduciary may, subject to approval of the court, effect a compromise with any debtor or other obligor, or extend, renew, or in any other manner, modify the terms of any obligation owing to the estate. If the fiduciary holds a mortgage, pledge, or other lien upon property of another person, the fiduciary may, in lieu of foreclosure, accept a conveyance or transfer of such encumbered assets from the owner thereof in satisfaction of the indebtedness secured by such lien, if it appears for the best interests of the estate, and if the court shall so order. [C51, §1336; R60, §2368; C73, §2382; C97, §3318; C24, 27, 31, 35, 39, §11928; C46, 50, 54, 58, 62, §635.17; C66, 71, 73, 75, 77, 79, 81, §633.114]

Iowa Code § 633.115 Compromise of claims against an estate.

633.115. Compromise of claims against an estate. When a claim against an estate has been filed, or suit thereon is pending, the creditor and the fiduciary may, if it appears for the best interests of the estate, subject to approval of the court, compromise the claim, whether it is due or not due, absolute or contingent, liquidated or unliquidated. [C51, §1336; R60, §2368; C73, §2382; C97, §3318; C24, 27, 31, 35, 39, §11928; C46, 50, 54, 58, 62, §635.17; C66, 71, 73, 75, 77, 79, 81, §633.115]

Iowa Code § 633.116 Abandonment of property.

633.116. Abandonment of property. When any property is valueless, or is so encumbered, or in such condition, that it is of no benefit to the estate, the court may order the fiduciary to abandon it, or make such other disposition of it as may be suitable in the premises. [C66, 71, 73, 75, 77, 79, 81, §633.116]

Iowa Code § 633.117 Encumbered assets.

633.117. Encumbered assets. When any assets of the estate are encumbered by mortgage, pledge, or other lien, the fiduciary may pay such encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or may convey or transfer such assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, or the fiduciary may purchase lands claimed or contracted for by the decedent, if it appears to be for the best interests of the estate and if the court shall so order. The making of such payment shall not increase the share of the distributee entitled to such encumbered assets. [C51, §1380; R60, §2412; C73, §2428; C97, §3354; C24, 27, 31, 35, 39, §11977; C46, 50, 54, 58, 62, §635.72; C66, 71, 73, 75, 77, 79, 81, §633.117] Procedure for secured claims, see §633.423

Iowa Code § 633.118 Attorney appointed for persons not represented.

633.118. Attorney appointed for persons not represented. At or before the hearing in any proceedings under this probate code, where all the parties interested in the estate are required to be notified thereof, the court, in its discretion, may appoint some competent attorney to represent any interested person who has been served with notice and who is otherwise unrepresented. The appointment of an attorney under the provisions of this section, shall be in lieu of appointment of a guardian ad litem provided for in the rules of civil procedure. [C97, §3423; C24, 27, 31, 35, 39, §12074; C46, 50, 54, 58, 62, §638.37; C66, 71, 73, 75, 77, 79, 81, §633.118] 2005 Acts, ch 38, §51

Iowa Code § 633.119 Order and authority thereunder.

633.119. Order and authority thereunder. The order making the appointment of such attorney must specify the names of the parties, so far as known, for whom the attorney is appointed, and the attorney will be authorized to represent such parties in all such proceedings subsequent to the appointment. [C97, §3423; C24, 27, 31, 35, 39, §12075; C46, 50, 54, 58, 62, §638.38; C66, 71, 73, 75, 77, 79, 81, §633.119]

Iowa Code § 633.120 Compensation.

633.120. Compensation. Any attorney so appointed under the authority of section 633.118 shall be paid for services out of the estate, as a part of the costs of administration, a fee to be fixed by the court, and upon distribution of the estate, the fee may be charged to the party represented by the attorney. [C97, §3423; C24, 27, 31, 35, 39, §12076; C46, 50, 54, 58, 62, §638.39; C66, 71, 73, 75, 77, 79, 81, §633.120]

Iowa Code § 633.121 Substitution — division of fee.

633.121. Substitution — division of fee. The court may substitute another attorney for the one first appointed under the authority of section 633.118, in which case the fees must be divided in proportion to the services rendered. [C97, §3423; C24, 27, 31, 35, 39, §12077; C46, 50, 54, 58, 62, §638.40; C66, 71, 73, 75, 77, 79, 81, §633.121]

Iowa Code § 633.122 Settlement contested.

633.122. Settlement contested. The acts of the fiduciary without prior approval of court after notice, may be contested by any interested person at or before the entry of the order discharging the fiduciary. [C51, §1431; R60, §2456; C73, §2475; C97, §3399; C24, 27, 31, 35, 39, §12050; C46, 50, 54, 58, 62, §638.10; C66, 71, 73, 75, 77, 79, 81, §633.122]

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633&year=2026Fetched: 10/20/2026