Iowa Code

Iowa Code § 633.3 (2026)

Definitions and use of terms

✓ current as of July 2026

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When used in this probate code, unless otherwise required by the context, or another subchapter of this probate code, the following words and phrases shall be construed as follows:

1. “Administrator” means any person appointed by the court to administer an intestate estate.

2. “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.

3. “Assistive animal” means a simian or other animal specially trained or in the process of being trained to assist a person with a disability.

4. “Bequeath” includes the word “devise” when used as a verb.

5. “Bequest” includes the word “devise” when used as a noun.

6. “Charges” includes costs of administration, funeral expenses, cost of monument, and federal estate taxes.

7. “Child” includes an adopted child but does not include a grandchild or other more remote descendants, nor, except as provided in sections 633.221 and 633.222, a biological child.

8. “Clerk” means “clerk of the district court” in the county in which the matter is pending and includes the term “clerk of the probate court”.

9. “Conservator” means a person appointed by the court to have the custody and control of the property of a protected person under the provisions of this probate code.

10. “Costs of administration” includes court costs, fiduciary’s fees, attorney fees, all appraisers’ fees, premiums on corporate surety bonds, statutory allowance for support of surviving spouse and children, cost of continuation of abstracts of title, recording fees, transfer fees, transfer taxes, agents’ fees allowed by order of court, interest expense, including but not limited to interest payable on extension of federal estate tax, and all other fees and expenses allowed by order of court in connection with the administration of the estate. Court costs shall include expenses of selling property.

11. “Court” means the Iowa district court sitting in probate and includes any Iowa district judge.

12. “Debts” includes liabilities of the decedent which survive, whether arising in contract, tort, or otherwise.

13. “Devise”, when used as a noun, includes testamentary disposition of property, both real and personal.

14. “Devise”, when used as a verb, means to dispose of property, both real and personal, by a will.

15. “Devisee” includes legatee.

16. “Distributee” means a person entitled to any property of the decedent under the decedent’s will or under the statutes of intestate succession.

17. “Estate” means the real and personal property of either a decedent or a protected person, and may also refer to the real and personal property of a trust described in section 633.10.

18. “Executor” means any person appointed by the court to administer the estate of a testate decedent.

19. “Fiduciary” includes personal representative, executor, administrator, guardian, conservator, and the trustee of any trust described in section 633.10.

20. “Full age” means the state of legal majority attained through arriving at the age of eighteen years or through having married, even though such marriage is terminated by divorce.

21. “Functional limitations” means the behavior or condition of a person which impairs\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) §633.3, PROBATE CODE 12\n\nthe person’s ability to care for the person’s personal safety or to attend to or provide for necessities for the person.

22. “Guardian” means the person appointed by the court to have the custody of the person of the protected person under the provisions of this probate code.

23. “Guardian of the property”— at the election of the person appointed by the court to have the custody and care of the property of a protected person, the term “guardian of the property” may be used, which term shall be synonymous with the term “conservator”.

24. “Heir” means any person, except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession.

25. “Incompetent” means the condition of any person who has been adjudicated by a court to meet at least one of the following conditions: a. To have a decision-making capacity which is so impaired that the person is unable to care for the person’s personal safety or to attend to or provide for necessities for the person such as food, shelter, clothing, or medical care, without which physical injury or illness may occur. b. To have a decision-making capacity which is so impaired that the person is unable to make, communicate, or carry out important decisions concerning the person’s financial affairs. c. To have a decision-making capacity which is so impaired that both paragraphs “a” and “b” are applicable to the person.

26. “Issue”, for the purposes of intestate succession, includes all lawful lineal descendants of a person, whether biological or adopted, except those who are the lineal descendants of the person’s living descendants.

27. “Legacy” means a testamentary disposition of personal property.

28. “Legatee” means a person entitled to personal property under a will.

29. “Letters” includes letters testamentary, letters of administration, letters of guardianship, letters of conservatorship, and letters of trusteeship.

30. “Limited guardianship” means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian.

31. “Minor” means a person who is not of full age.

32. “Person” includes natural persons and corporations.

33. “Personal representative” includes executor and administrator.

34. “Probate assets” means a decedent’s property subject to administration by a personal representative.

35. “Property” includes both real and personal property.

36. “Protected person” means a person subject to guardianship or a person subject to conservatorship, or both.

37. “Respondent” means a person who is alleged to be a person in need of a guardianship or conservatorship, or both.

38. “Service animal” means a dog or miniature horse as set forth in the implementing regulations of Title II and Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.

39. “Surviving spouse” means the surviving wife or husband, as the case may be.

40. “Temporary administrator” means any person appointed by the court to care for an estate pending the probating of a proposed will, or to handle any special matter designated by the court.

41. “Trustee” means the person or persons serving as trustee of a trust described in section 633.10.

42. “Trusts” includes only those trusts described in section 633.10.

43. “Will” includes codicil; it also includes a testamentary instrument that merely appoints an executor, and a testamentary instrument that merely revokes or revives another will. [C51, §1286; R60, §2318; C73, §2336; C97, §3280; C24, 27, 31, 35, 39, §11860; C46, 50, 54, 58, 62, §633.15; C66, 71, 73, 75, 77, 79, 81, §633.3] 94 Acts, ch 1046, §26; 97 Acts, ch 178, §1, 2; 2005 Acts, ch 38, §2 – 5, 51; 2006 Acts, ch 1010, §154; 2008 Acts, ch 1119, §14; 2011 Acts, ch 34, §138; 2012 Acts, ch 1021, §108; 2014 Acts, ch 1076, §21; 2018 Acts, ch 1041, §127; 2018 Acts, ch 1140, §1, 6, 8; 2019 Acts, ch 24, §86; 2019 \n Tue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) 13 PROBATE CODE, §633.10\n\nActs, ch 57, §6, 43, 44; 2020 Acts, ch 1063, §333; 2022 Acts, ch 1021, §163; 2024 Acts, ch 1009, §54 Referred to in §144.23A, 231E.3, 232.2, 235F.1, 249A.53, 422.7(42)(c), 422.27, 450.1, 523A.102, 600A.2, 611.22, 633.63, 633.89, 633.551, 633.701, 633A.3113, 633F.1, 638.2 \n

Notes of Decisions

Cited in 70 cases (9 in the last 5 years), 1962–2025 · leading case: Palmer v. Evans, 124 N.W.2d 856 (Iowa 1963).

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Palmer v. Evans, 124 N.W.2d 856 (Iowa 1963). · cites it 24× “What is commonly called the Iowa mortmain statute is found in Section 633.3, Code of Iowa, I.C.A. It provides: "Limitation on disposal by will No devise or bequest to a corporation organized under the chapter relating to corporations not for profit or to a foreign corporation of…”

Watson v. Manley, 130 N.W.2d 693 (Iowa 1964). · cites it 14× “Manley, deceased, was whether the bequest to the First Methodist Church of Indianola, Iowa, and the First Methodist Church of Milo, Iowa, was limited to 25' percent of decedent’s estate after payment of debts, either by the will *94 itself or by the provisions of section 633.3,…”

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 2× “at 696 (citing Iowa Code § 633.3 (8)). Therefore, a proceeding to determine the award of attorney fees is tried in equity, and our review is de novo.”

Matter of Est. of Petersen, 570 N.W.2d 463 (Iowa Ct. App. 1997). · cites it 8× “Iowa Code § 633.3 (8)(1995). Our review is accordingly de novo.”

In Re Est. of Cory, 184 N.W.2d 693 (Iowa 1971). · cites it 4× “Section 633.3(4). Costs of administration are cared for in a different manner.”

Matter of Est. of Wulf, 526 N.W.2d 154 (Iowa 1994). · cites it 4× “Iowa Code section 633.3(8) defines "costs of administration" to include attorneys' and executors' fees.”

Zvorak v. Beireis, 519 N.W.2d 87 (Iowa 1994). · cites it 4× “Isabel argues that the district court lacked authority to place custody of Ashley with Anita while, at the same time, allowing Isabel to continue as the child’s guardian.”

In Re Est. of Kiel, 357 N.W.2d 628 (Iowa 1984). · cites it 2× “Nothing in the statutory definition, Iowa Code section 633.3(15), bears on the question presented.”

Herdliska v. Est. of Roggentien, 445 N.W.2d 388 (Iowa Ct. App. 1989). · cites it 4× “This case presents a unique issue because Eula’s claim was for more than the entire assets of the estate and the fees for defending the claim will nearly consume moneys available after the payment of funeral expenses, ordinary attorney fees and court costs.”

Matter of Est. of Young, 273 N.W.2d 388 (Iowa 1978). · cites it 3× “Section 633.3(34) of the Iowa Probate Code defines trusts for probate purposes as follows: Trusts — include only: testamentary trusts; express trusts where jurisdiction is specifically conferred on the court by the trust instrument; express trusts where the jurisdiction of the…”

Health Mgmt. Sys., Inc. Ex Rel. Iowa Dep't of Human Servs. v. Laughead, 696 N.W.2d 312 (Iowa 2005). · cites it 2× “See Iowa Code §§ 633.3 (15) (defining “estate” as “the real and personal property of a decedent”), 633.”

Newbury v. McCammant, 182 N.W.2d 147 (Iowa 1970). · cites it 4× “Section 633.3. IV. In situations where there has been a devise or bequest of some specific property of which testator, while competent, dispossessed himself prior to death, this court has repeatedly held the gift adeemed.”

Show all 70 citing cases →

— Iowa Code § 633.3(1) — 1 case

Roach v. Est. of Ravenstein, 326 F. Supp. 830 (S.D. Iowa 1971).

— Iowa Code § 633.3(10) — 2 cases

Matter of Est. of Lau, 442 N.W.2d 109 (Iowa 1989).

In re Est. of Glaser (Iowa Ct. App. 2023).

— Iowa Code § 633.3(11) — 2 cases

In Re Est. of Hoagland, 203 N.W.2d 577 (Iowa 1973).

James v. Hoagland, 203 N.W.2d 577 (Iowa 1973).

— Iowa Code § 633.3(12) — 1 case

In re Est. of Glaser (Iowa Ct. App. 2023).

— Iowa Code § 633.3(15) — 2 cases

In Re Est. of Kiel, 357 N.W.2d 628 (Iowa 1984). “Nothing in the statutory definition, Iowa Code section 633.3(15), bears on the question presented.”

Matter of Guardianship & Conservator. of Cavin, 333 N.W.2d 840 (Iowa 1983).

— Iowa Code § 633.3(16) — 2 cases

In Re Est. of Zimmerman, 160 N.W.2d 502 (Iowa 1968).

Zimmerman v. Westgate Elevator Co., 160 N.W.2d 502 (Iowa 1968).

— Iowa Code § 633.3(17) — 3 cases

In Re Est. of Rutter, 633 N.W.2d 740 (Iowa 2001).

Matter of Guardianship of Reed, 468 N.W.2d 819 (Iowa 1991).

Est. of Boyd v. Norman, 634 N.W.2d 630 (Iowa 2001).

— Iowa Code § 633.3(19) — 7 cases

Zvorak v. Beireis, 519 N.W.2d 87 (Iowa 1994). “Isabel argues that the district court lacked authority to place custody of Ashley with Anita while, at the same time, allowing Isabel to continue as the child’s guardian.”

In Re the Guardianship & Conservatorship of Sams, 256 N.W.2d 570 (Iowa 1977).

Matter of Guardianship & Conserv. of Reed, 426 N.W.2d 657 (Iowa Ct. App. 1988).

Reed v. Smith, 426 N.W.2d 657 (Iowa Ct. App. 1988).

In re Guardianship of Johnson (Iowa Ct. App. 2023).

— Iowa Code § 633.3(20) — 2 cases

In Re Guardianship of Pappas, 174 N.W.2d 422 (Iowa 1970).

State v. Campbell, 633 N.W.2d 302 (Iowa 2001).

— Iowa Code § 633.3(23) — 2 cases

Est. of Beck v. Engene, 557 N.W.2d 270 (Iowa 1996).

In the Matter of the Guardianship & Conservatorship of Robert Hites, Jr. (Iowa Ct. App. 2019).

— Iowa Code § 633.3(25) — 2 cases

In re Guardianship of Johnson (Iowa Ct. App. 2023).

In re Guardianship & Conservatorship of Kruse (Iowa Ct. App. 2024).

— Iowa Code § 633.3(3) — 2 cases

In Re Est. of Hoagland, 203 N.W.2d 577 (Iowa 1973).

James v. Hoagland, 203 N.W.2d 577 (Iowa 1973).

— Iowa Code § 633.3(31) — 1 case

Westergard v. Klepper, 229 N.W.2d 236 (Iowa 1975).

— Iowa Code § 633.3(32) — 1 case

In Re Est. of Jarvis, 185 N.W.2d 753 (Iowa 1971).

— Iowa Code § 633.3(34) — 1 case

Matter of Est. of Young, 273 N.W.2d 388 (Iowa 1978). “Section 633.3(34) of the Iowa Probate Code defines trusts for probate purposes as follows: Trusts — include only: testamentary trusts; express trusts where jurisdiction is specifically conferred on the court by the trust instrument; express trusts where the jurisdiction of the…”

— Iowa Code § 633.3(37) — 1 case

In the Matter of the Guardianship & Conservatorship of B.Z. (Iowa Ct. App. 2020).

— Iowa Code § 633.3(4) — 5 cases

In Re Est. of Cory, 184 N.W.2d 693 (Iowa 1971). “Section 633.3(4). Costs of administration are cared for in a different manner.”

In Re the Est. of Kraft, 186 N.W.2d 628 (Iowa 1971).

In Re Est. of Hoagland, 203 N.W.2d 577 (Iowa 1973).

Brenton Bank, N.A. v. Thompson, 512 N.W.2d 560 (Iowa 1994).

James v. Hoagland, 203 N.W.2d 577 (Iowa 1973).

— Iowa Code § 633.3(5) — 2 cases

Est. of Pazzi v. Taylor, 342 N.W.2d 481 (Iowa 1984).

Pamela J. Mohr, plaintiff-appellant/cross-appellee v. Jonathon Langerman & Joan Mohr, defendants-appellees/cross-appellants. (Iowa Ct. App. 2014).

— Iowa Code § 633.3(7) — 1 case

Iowa Supreme Court Attorney Disciplinary Bd. v. Richard J. Murphy, 800 N.W.2d 37 (Iowa 2011).

— Iowa Code § 633.3(8) — 7 cases

Matter of Est. of Wulf, 526 N.W.2d 154 (Iowa 1994). “Iowa Code section 633.3(8) defines "costs of administration" to include attorneys' and executors' fees.”

In Re Est. of Cory, 184 N.W.2d 693 (Iowa 1971). “Section 633.3(4). Costs of administration are cared for in a different manner.”

Est. of Bass v. Bass, 196 N.W.2d 433 (Iowa 1972).

In Re Est. of Sieh, 745 N.W.2d 477 (Iowa 2008).

Sinclair v. Iowa Dep't of Revenue, 201 N.W.2d 77 (Iowa 1972).

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.