Such further allowances as are just and reasonable may be made by the court to personal
representatives and their attorneys for actual necessary and extraordinary expenses and
services. Necessary and extraordinary services shall be construed to include but not be
limited to services in connection with real estate, tax issues, disputed matters, nonprobate
assets, reopening the estate, location of unknown and lost heirs and beneficiaries, and
management and disposition of unusual assets. Relevant factors to be considered in
determining the value of such services shall include but not be limited to the following:
1. Time necessarily spent by the personal representatives and their attorneys.
2. Nature of the matters or issues and the extent of the services provided.
3. Complexity of the issues and the importance of the issues to the estate.
4. Responsibilities assumed.
5. Resolution.
6. Experience and expertise of the personal representatives and their attorneys.
[C51, §1430; R60, §2455; C73, §2495; C97, §3415; C24, 27, 31, 35, 39, §12065; C46, 50, 54,
58, 62, §638.25; C66, 71, 73, 75, 77, 79, 81, §633.199]
2007 Acts, ch 134, §10, 28
\n
Notes of Decisions
Matter of Est. of Wulf, 526 N.W.2d 154 (Iowa 1994).
· cites it 8× “Iowa Code section 633.199, "Expenses and extraordinary services," governs courts' award of extraordinary attorney fees in probate matters.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Richard Dillon Crotty, 891 N.W.2d 455 (Iowa 2017).
· cites it 2× “2(3) provides, When an allowance for extraordinary expenses or services is sought pursuant to Iowa Code section 633.199, the request shall include a written statement showing the necessity for such expenses or services, the responsibilities assumed, and the amount of extra time…”
Est. of Randeris v. Randeris, 523 N.W.2d 600 (Iowa Ct. App. 1994).
· cites it 4× “Iowa Code § 633.199 (1993). There is no established definition of extraordinary services.”
Herdliska v. Est. of Roggentien, 445 N.W.2d 388 (Iowa Ct. App. 1989).
· cites it 6× “Eula also contends the attorney’s applications for extraordinary fees did not meet the requirement of Iowa Code section 633.199 (1987) and Iowa Rule of Probate Procedure 2(c) and should be denied on this ground.”
Monticello State Bank v. Brown, 308 N.W.2d 68 (Iowa 1981).
· cites it 4× “The trial court refused to allow fees from the estate to either attorney Heiserman or the Simmons firm for defending the Browns’ malfeasance action against the bank.”
Matter of Est. of Mabie, 401 N.W.2d 29 (Iowa 1987).
· cites it 12× “32, the maximum fee for ordinary services, because defendant law firm failed to establish the necessity for extraordinary fees as required by Iowa Code section 633.199 (1985) and Iowa Rule of Probate Procedure 2(c).”
Matter of Est. of Bolton, 403 N.W.2d 40 (Iowa Ct. App. 1987).
· cites it 4× “Iowa Code § 633.199 (1985) also provides: Such further allowances as are just and reasonable may be made by the court to personal representatives and their attorneys for actual necessary and extraordinary expenses or services.”
Matter of Est. of Bruene, 350 N.W.2d 209 (Iowa Ct. App. 1984).
· cites it 2× “We hold, therefore, that the attorney for the executor is entitled, under Iowa Code section 633.199, to fees paid by the estate for defending the executor.”
— Iowa Code § 633.199(1) — 2 cases
— Iowa Code § 633.199(2) — 1 case
— Iowa Code § 633.199(3) — 2 cases
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.