Iowa Code

Iowa Code § 633.388 (2026)

Petition to sell, mortgage, exchange, pledge or lease property

✓ current as of July 2026

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A petition to sell, mortgage, exchange, pledge or lease any real or personal property shall set forth the reasons for the application and describe the property involved. It may apply for different authority as to separate parts of the property; or it may apply in the alternative for authority to sell, mortgage, exchange, pledge or lease. Whenever it is for the best interests of the estate, real and personal property of the estate may be sold, mortgaged, exchanged, pledged or leased as a unit. [C51, §1342, 1343; R60, §2374, 2375; C73, §2387, 2388; C97, §3323; C24, 27, §11933; C35, §11933, 11951-g4; C39, §11933, 11951.4; C46, 50, 54, 58, 62, §635.23, 635.44; C66, 71, 73, 75, 77, 79, 81, §633.388] Referred to in §633.391, 633.400

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1981–2021 · leading case: In the Matter of the Guardianship & Conservatorship of Marvin M. Jorgensen (Iowa 2021).

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In the Matter of the Guardianship & Conservatorship of Marvin M. Jorgensen (Iowa 2021). · cites it 2× “See Iowa Code §§ 633.388 (requiring a request to lease property to “set forth the reasons for the application and describe the property involved”), .”

Summers v. First Nat'l Bank of Clinton, 316 N.W.2d 185 (Iowa Ct. App. 1981). “386, The Code 1981, which allows the personal representative to sell real property, § 633.388 which requires that a petition to sell set forth the reasons for the application, and § 633.”

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