Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.198 (2026)

Attorney fee

✓ Iowa Code 2026 (laws through the 2025 session)
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There shall also be allowed and taxed as part of the costs of administration of estates as an attorney fee for the personal representative’s attorney, such reasonable fee as may be determined by the court, for services rendered, but not in excess of the schedule of fees provided in this part for personal representatives. [C24, 27, 31, 35, 39, §12064; C46, 50, 54, 58, 62, §638.24; C66, 71, 73, 75, 77, 79, 81, §633.198] 2021 Acts, ch 80, §361

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Notes of Decisions
Cited in 25 cases, 1972–2017 · leading case: Iowa Supreme Court Attorney Disciplinary Bd. v. Verla Jean Bartley, 860 N.W.2d 331 (Iowa 2015).
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Iowa Supreme Court Attorney Disciplinary Bd. v. Verla Jean Bartley, 860 N.W.2d 331 (Iowa 2015). · cites it 7× “She was charged with violations of Iowa Code section 633.198 (2013) (court determination of probate fees); Iowa Court Rules 7.”
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 6× “Personal representatives are allowed reasonable fees for “ordinary” services rendered to the estate, and the maximum allowable fees for ordinary services depends on the size of the estate. Id. § 633.197. If personal representatives, or their attorneys, provide “actual necessary…”
Iowa Supreme Court Attorney Disciplinary Bd. v. Kristy Boyer Arzberger, 887 N.W.2d 353 (Iowa 2016). · cites it 8× “” This statement did not track with Iowa Code section 633.198 (2011), which does not set ordinary fees but instead provides for a reasonable fee, subject to court approval, that ordinarily should not exceed the amount Arzberger quoted.”
Iowa Supreme Court Bd. of Prof'l Ethics & Conduct v. Beckman, 674 N.W.2d 129 (Iowa 2004). · cites it 4× “See Iowa Code § 633.198 (1999); Iowa Ct. R. 7.”
Iowa Supreme Court Bd. of Prof'l Ethics & Conduct v. Evans, 537 N.W.2d 783 (Iowa 1995). · cites it 4× “Iowa Rule of Probate Procedure 2(d) elaborates on the timing and procedure for payment of the fees by providing: One-half of the fees for ordinary services may be paid when the federal estate tax return, if required, and the Iowa inheritance tax return, if required, are prepared.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Rickabaugh, 728 N.W.2d 375 (Iowa 2007). · cites it 2× “Iowa Code section 633.198 requires the attorney to file an application with the probate court for allowance and payment of fees.”
Iowa Supreme Court Attorney Disciplinary Bd. v. D'Angelo, 710 N.W.2d 226 (Iowa 2006). · cites it 2× “In the Eckert matter, D’Angelo violated Iowa Code section 633.198 when he took fees for his work in a probate matter before he received court authorization.”
Iowa Supreme Court Attorney Disciplinary Bd. v. John Edward Netti, Jr., 797 N.W.2d 591 (Iowa 2011). “Iowa Code sections 633.198 and 633.199 set forth the amount of fees an attorney can be paid for representing an estate.”
Iowa Supreme Court Bd. of Prof'l Ethics & Conduct v. Smith, 569 N.W.2d 499 (Iowa 1997). · cites it 2× “197 (for the personal representative) and section 633.198 (for the attorney). Smith and the board agree that the scheduled fees for “all ordinary services” on an estate of $19,200 would total approximately $504, each, for the executor and attorney.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Richard Dillon Crotty, 891 N.W.2d 455 (Iowa 2017). “§ 633.198 (authorizing compensation of attorney for personal representative to be “such reasonable fee as may be determined by the court, for services rendered, but not in excess of the schedule of fees herein provided for personal representatives”).”
Matter of Est. of Bolton, 403 N.W.2d 40 (Iowa Ct. App. 1987). · cites it 2× “Iowa Code § 633.198 (1985) provides: There shall also be allowed and taxed as part of the costs of administration of estates as an attorney’s fee for the personal representative’s attorney, such reasonable fee as may be determined by the court, for services rendered, but not in…”
Hutcheson v. Firstar Bank Burlington, N.A., 490 N.W.2d 833 (Iowa 1992). · cites it 2× “The district court sitting in probate has jurisdiction over the administration, settlement and distribution of estates of decedent.”
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