Iowa Code
Iowa Code § 633.383 (2026)
When power given in will
✓ current as of July 2026
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When power to sell, mortgage, lease, pledge or exchange property of the estate has been given to any personal representative under the terms of any will, the statutory requirements with reference to procedure for such purposes shall not apply. [C51, §1297; R60, §2329; C73, §2353; C97, §3295, 3296; C24, 27, 31, 35, 39, §11879 – 11882; C46, 50, 54, 58, 62, §633.35 – 633.38; C66, 71, 73, 75, 77, 79, 81, §633.383]
\nNotes of Decisions
Cited in 5
cases (1 in the last 5 years), 1974–2026 · leading case: Breitbach v. Christenson, 541 N.W.2d 840 (Iowa 1995).
Breitbach v. Christenson, 541 N.W.2d 840 (Iowa 1995). “Iowa Code § 633.383 (1992). Lucille Shannon’s will clearly does this as it provides, “My Co-Executors .”
Matter of Est. of Bruene, 350 N.W.2d 209 (Iowa Ct. App. 1984). “Iowa Code section 633.383 (1973), provides as follows: When power given in will.”
Iowa Supreme Court Bd. of Prof'l Ethics & Conduct v. Stamp, 590 N.W.2d 496 (Iowa 1999). “See Iowa Code §§ 633.383 , 633.389, 633.396, 633.”
DeLong v. Scott, 217 N.W.2d 635 (Iowa 1974). “Barron’s will authorizing her executrix to mortgage or convey real estate without court approval was not an unrestricted power to sell realty. The record shows this contention was not urged in the trial court.”
In the Matter of the Est. of Gloria J. Pflughaupt (Iowa Ct. App. 2026). “See Iowa Code § 633.383 (1). But the rule is different when the executor is both seller and buyer.”
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