Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.118 (2026)

Attorney appointed for persons not represented

✓ Iowa Code 2026 (laws through the 2025 session)
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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 Referred to in §633.120, 633.121, 633.642

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Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1986–2022 · leading case: Matter of Est. of Heller, 401 N.W.2d 602 (Iowa Ct. App. 1986).
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Matter of Est. of Heller, 401 N.W.2d 602 (Iowa Ct. App. 1986). · cites it 3× “Iowa Code § 633.118 (1985) provides: At or before the hearing in any proceedings under this 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…”
In the Matter of the Conservatorship of Justin Paul Sulzner, 965 N.W.2d 494 (Iowa Ct. App. 2021). · cites it 2× “Based on her allegations, the district court appointed an attorney to represent Justin at the contested hearing under Iowa Code section 633.118–.120 (2019). Rather than wait for the hearing, Terri asked the court “to appoint a conservator on an emergency basis.”
In the Matter of the Est. of Robert Scott Darrah, 988 N.W.2d 440 (Iowa Ct. App. 2022). · cites it 2× “212] and section 633.118 clearly provide the minor must first be served with notice and until he or she is properly served he is not a party to the proceedings and the court would not have jurisdiction to appoint an attorney or guardian ad litem to represent his or her interest.”
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