Iowa Code

Iowa Code § 633.315 (2026)

Allowance for defending will

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

When any person is designated as executor in a will, or has been appointed as executor, and defends or prosecutes any proceedings in good faith and with just cause, whether successful or not, that person shall be allowed out of the estate necessary expenses and disbursements, including reasonable attorney fees in such proceedings. [C66, 71, 73, 75, 77, 79, 81, §633.315]

\n
Notes of Decisions
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 7× “At this point, we note that the court of appeals decision and the parties’ further re *223 view materials make reference to section 633.315 and the "good faith and just cause” requirement contained therein.”
Brown v. Monticello State Bank of Monticello, 360 N.W.2d 81 (Iowa 1984). · cites it 6× “The dispute of the parties centers on the Browns’ contention that the issues concerning good faith and just cause that were determined in Brady pursuant to Iowa Code section 633.”
Matter of Est. of Petersen, 570 N.W.2d 463 (Iowa Ct. App. 1997). · cites it 12× “Iowa Code section 633.315 provides: When any person is designated as executor in a will, or has been appointed as executor and defends or prosecutes any proceedings in good faith and with just cause, whether successful or not, that person shall be allowed out of the estate…”
Matter of Est. of Wulf, 526 N.W.2d 154 (Iowa 1994). · cites it 8× “Iowa Code § 633.315 ; Law, 253 Iowa at 602 , 113 N.”
In Re Est. of Cory, 184 N.W.2d 693 (Iowa 1971). · cites it 6× “Appellants contend the court erred in basing its ruling on the conclusion the executor did not have “just cause” as required by section 633.315 to participate in the will contest involved.”
Matter of Est. of Weidman, 476 N.W.2d 357 (Iowa 1991). · cites it 2× “Payment of executor’s attorney fees out of the estate pursuant to Iowa Code section 633.315. Finally, plaintiff challenges the court order allowing the defendant-executor’s employment of counsel to defend this action.”
Monticello State Bank v. Brown, 308 N.W.2d 68 (Iowa 1981). · cites it 2× “Because the order was entered after an adversary hearing and was not appealed, the court concluded the order was a binding adjudication of the issues.”
Matter of Est. of Olson, 479 N.W.2d 610 (Iowa Ct. App. 1991). · cites it 2× “Iowa Code section 633.315 governs this issue. That section provides: When any person is designated as executor in a will, or has been appointed as executor, and defends or prosecutes any proceedings in good faith and with just cause, whether successful or not, that person shall…”
In re Est. of Giventer, 310 Neb. 39 (Neb. 2021). “, Iowa Code § 633.315 (2021); Kan. Stat. Ann.”
In Re Est. of Ohrt, 516 N.W.2d 896 (Iowa 1994). · cites it 2× “Randall hired the firm pursuant to Iowa Code section 633.315, which authorizes an executor to hire counsel at estate expense.”
Swartzendruber v. Lamb, 582 N.W.2d 171 (Iowa 1998). · cites it 4× “This empowerment necessarily carries with it the right to retain counsel Relevant to this issue are the provisions of Iowa Code section 633.315, which provide: When any person is designated as executor in a will, or has been appointed as executor, and defends or prosecutes any…”
Piper Rudnick LLP v. Hartz, 872 A.2d 58 (Md. 2005). “); Iowa Code § 633.315 (1992, *231 2004 Cum.”
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.