Iowa Code

Iowa Code § 633.197 (2026)

Compensation — schedule of fees

✓ current as of July 2026

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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

Notes of Decisions

Cited in 54 cases (2 in the last 5 years), 1971–2026 · leading case: In the Matter of the Est. of Loren S. Bockwoldt, Dale Richard Willows, Conservator for Brandie Renee Bockwoldt, Minor Child of the Decedent v. The Est. of Loren S. Bockwoldt, 814 N.W.2d 215 (Iowa 2012).

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In the Matter of the Est. of Loren S. Bockwoldt, Dale Richard Willows, Conservator for Brandie Renee Bockwoldt, Minor Child of the Decedent v. The Est. of Loren S. Bockwoldt, 814 N.W.2d 215 (Iowa 2012). · cites it 13× “The modified *220 2007 application noted that, under section 633.197, the statutory cap on ordinary fees for Loren’s estate was $20,432.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Verla Jean Bartley, 860 N.W.2d 331 (Iowa 2015). · cites it 5× “See Iowa Code §§ 633.197 -.198. Although Bartley calculated her fees within the statutory parameters, see id.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Kristy Boyer Arzberger, 887 N.W.2d 353 (Iowa 2016). · cites it 8× “See Iowa Code §§ 633.197 , .198. Thus, there could be ethical issues related to her misrepresentation of Iowa law to Nepstad on how ordinary fees are calculated.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Todd W. Kowalke, 918 N.W.2d 158 (Iowa 2018). · cites it 6× “…representatives shall be allowed such reasonable fees as may be determined by the court for services rendered...." Iowa Code § 633.197 (2009).”

Iowa Supreme Court Attorney Disciplinary Bd. v. D'Angelo, 710 N.W.2d 226 (Iowa 2006). · cites it 4× “See Iowa Code §§ 633.197 -.198 (1997) (authorizing payment of “reasonable fees as may be determined by the court”).”

Iowa Supreme Court Attorney Disciplinary Bd. v. Laurie Jean Pederson, 887 N.W.2d 387 (Iowa 2016). · cites it 4× “See Iowa Code §§ 633.197 , .198 (2013); Iowa Ct.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Richard Dillon Crotty, 891 N.W.2d 455 (Iowa 2017). · cites it 3× “See Iowa Code § 633.197 (2017) (prescribing limit of fees payable to personal representatives for ordinary services); id.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Lickiss, 786 N.W.2d 860 (Iowa 2010). · cites it 2× “Iowa Code §§ 633.197 , .198. Taking probate fees *868 without prior approval by the court violates rule 32:1.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Kim Marlow West, 901 N.W.2d 519 (Iowa 2017). · cites it 2× “2d at 867 (citing Iowa Code §§ 633.197 , .198); see Iowa Ct.”

In Re the Est. of Martin, 710 N.W.2d 536 (Iowa 2006). · cites it 15× “Iowa Code § 633.197 (emphasis added). This statute, which applies to personal representatives, is also the measure of the maximum fee that may be allowed an attorney for the personal representative.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Curtis, 749 N.W.2d 694 (Iowa 2008). · cites it 2× “See Iowa Code § 633.197 (limiting fees for all sums in an estate over five thousand dollars to two percent of the gross assets).”

Willey v. Riley, 541 N.W.2d 521 (Iowa 1995). · cites it 3× “Second, while we do not condone Riley’s acts concerning the handling of the Harder settlement check, we conclude Riley could not have converted a chattel as against Wil-ley that Willey had no right to control prior to probate court approval of attorney fees to be paid from the…”

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