Iowa Code

Iowa Code § 633.186 (2026)

Suit on bond

✓ current as of July 2026

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1. Execution of bond deemed as appearance. The execution and filing of the bond by a fiduciary, any other provisions of law notwithstanding, shall be deemed an appearance by the surety in the proceeding for the administration of the estate including all hearings with respect to the bond.

2. Summary enforcement in proceedings for administration. Subject to the provisions of subsection 3 hereof, the court may, upon the breach of the obligation of the bond of a fiduciary, after notice to the obligors on the bond and to such other persons as the court directs, summarily determine the damages as a part of the proceeding for the administration of the estate, and by appropriate process enforce the collection thereof from those liable on the bond. Such determination and enforcement may be made by the court upon its own motion or upon application of a successor fiduciary, or of any other interested person. The court may hear the application at the time of settling the accounts of the defaulting fiduciary or at such other time as the court may direct. Damages shall be assessed on behalf of all interested persons and may be paid over to the successor or other nondefaulting fiduciary and distributed as other assets held by the fiduciary in the fiduciary’s official capacity.

3. Enforcement by separate suit. If the estate is already distributed, or if, for any reason, the procedure to recover on the bond provided in subsection 2 hereof, is inadequate, any interested person may bring a separate suit in a court of competent jurisdiction on the person’s own behalf for damages suffered by the person by reason of the default of the fiduciary.

4. Bond not void upon first recovery. The bond of the fiduciary shall not be void upon the first recovery, but may be proceeded upon from time to time until the whole penalty is exhausted.

5. Denial of liability by surety — intervention. If the court has already determined the liability of the fiduciary, the sureties shall not be permitted thereafter to deny such liability in any action or hearing to determine their liability; but the surety may intervene in any hearing to determine the liability of the fiduciary. [C51, §1387, 1389, 1509; R60, §2419, 2421, 2561; C73, §2251, 2435; C97, §3201, 3361; C24, 27, 31, 35, 39, §11984, 11985, 12603; C46, 50, 54, 58, 62, §635.79, 635.80, 668.30; C66, 71, 73, 75, 77, 79, 81, §633.186] Referred to in §633.487 For service of suit on bond, see §636.20 \n

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1999–2026 · leading case: In Re Est. of Adams, 599 N.W.2d 707 (Iowa 1999).

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In Re Est. of Adams, 599 N.W.2d 707 (Iowa 1999). · cites it 11× “Believing approximately $145,000 of the estate was misappropriated by Jacobs for his personal use, Roepsch filed an application with the district court pursuant to Iowa Code section 633.186 (1997) seeking a determination of damages to the estate, and enforcement against Jacobs…”

In the Matter of the Est. of Carroll Irving Sampson, Cheryl Ann Murken & Mary Ann Smith, Coexecutors of the Christine Rosilia Sampson Est., 838 N.W.2d 663 (Iowa 2013). · cites it 2× “s or the legality of the inventory, the accounting, distribution, or other acts of the personal representative, or the list of heirs set forth in the final report of the personal representative, provided, however, that nothing contained in this section shall prohibit any action…”

Roepsch v. Jacobs, 599 N.W.2d 707 (Iowa 1999). · cites it 11× “Believing approximately $145,-000 of the estate was misappropriated by Jacobs for his personal use, Roepsch filed an application with the district court pursuant to Iowa Code section 633.186 (1997) seeking a determination of damages to the estate, and enforcement against Jacobs…”

In the Matter of the Est. of Angel Ibarra Jr., Bruce P. Bickel, as Adm'r of the Est. of Angel Ibarra Jr., Bruce P. Bickel, as Adm'r Individually, Dario Zaffarano, as Attorney for Adm'r & Mia Ibarra & Mariah Ibarra, intervenors-appellants/cross-appellees v. Angel Ray Ibarra A/K/A Angel Ibarra III & Imt Ins. Co., respondents-appellees/cross-appellants. (Iowa Ct. App. 2015). · cites it 33× “” Iowa Code § 633.186 (2). If the legislature intended to require participation of the fiduciary, the statute would specifically require notice to the fiduciary as well.”

Kleinendorst v. Est. of Kleinendorst (Iowa Ct. App. 2026). · cites it 2× “e final order approving the same and discharging the said personal representative, have any right to contest, in any proceeding, other than by appeal, the correctness or the legality of the inventory, the accounting, distribution, or other acts of the personal representative, or…”

— Iowa Code § 633.186(2) — 3 cases

In Re Est. of Adams, 599 N.W.2d 707 (Iowa 1999). “Believing approximately $145,000 of the estate was misappropriated by Jacobs for his personal use, Roepsch filed an application with the district court pursuant to Iowa Code section 633.186 (1997) seeking a determination of damages to the estate, and enforcement against Jacobs…”

In the Matter of the Est. of Angel Ibarra Jr., Bruce P. Bickel, as Adm'r of the Est. of Angel Ibarra Jr., Bruce P. Bickel, as Adm'r Individually, Dario Zaffarano, as Attorney for Adm'r & Mia Ibarra & Mariah Ibarra, intervenors-appellants/cross-appellees v. Angel Ray Ibarra A/K/A Angel Ibarra III & Imt Ins. Co., respondents-appellees/cross-appellants. (Iowa Ct. App. 2015). “” Iowa Code § 633.186 (2). If the legislature intended to require participation of the fiduciary, the statute would specifically require notice to the fiduciary as well.”

Roepsch v. Jacobs, 599 N.W.2d 707 (Iowa 1999). “Believing approximately $145,-000 of the estate was misappropriated by Jacobs for his personal use, Roepsch filed an application with the district court pursuant to Iowa Code section 633.186 (1997) seeking a determination of damages to the estate, and enforcement against Jacobs…”

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.