Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.117 (2026)

Encumbered assets

✓ current as of July 2026
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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] Referred to in §633.642 Procedure for secured claims, see §633.423

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Notes of Decisions
Cited in 3 cases, 1971–2019 · leading case: In Re the Est. of Miguet, 185 N.W.2d 508 (Iowa 1971).
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In Re the Est. of Miguet, 185 N.W.2d 508 (Iowa 1971). · cites it 2× “The Code 1966, Sections 633.117, 633.647(3) (6), 633.649, 633.”
Vandewalker v. Est. of Lau, 581 N.W.2d 644 (Iowa 1998). · cites it 2× “See Iowa Code § 633.117 ("When any assets of the estate are encumbered by mortgage, pledge or other .”
In the Matter of the Est. of David L. Christoffersen (Iowa Ct. App. 2019). · cites it 4× “” Iowa Code § 633.117 . The court properly determined Karen, by paying off the two mortgages with the Chewit proceeds without court approval, increased her own share of the distribution at the expense of Shirley’s claim.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.