Iowa Code

Iowa Code § 633.389 (2026)

Notice on sale, mortgage, exchange, pledge, or lease of property

✓ current as of July 2026
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Upon the filing of the petition, unless notice is waived in writing or unless all interested persons are also personal representatives and have signed the petition, notice in accordance with section 633.40, shall be served on all persons interested in the property, provided that as to personal property and as to the lease of real property not specifically devised, for a period not to exceed one year, the court may hear the petition without notice. When notice is required, the notice shall state briefly the nature of the application. Upon satisfactory proof, the court may order the sale, mortgage, exchange, pledge, or lease of the property described, or any part of the property, at a price and upon terms and conditions as the court may authorize. For the purposes of this section, the term “all persons interested” includes only distributees in the estate and persons who have requested notice as provided by this probate code. [C51, §1342 – 1344; R60, §2374 – 2376; C73, §2387 – 2389; C97, §3323, 3324; C24, §11933, 11934, 11935; C27, 31, §11933, 11935; C35, §11933, 11935, 11951-g5; C39, §11933, 11935, 11951.5; C46, 50, 54, 58, 62, §635.23 – 635.25, 635.45; C66, 71, 73, 75, 77, 79, 81, §633.389; 81 Acts, ch 193, §2] 2005 Acts, ch 38, §51; 2016 Acts, ch 1088, §1

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Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1987–2026 · leading case: In Re Guardianship of Jordan, 616 N.W.2d 553 (Iowa 2000).
In Re Guardianship of Jordan, 616 N.W.2d 553 (Iowa 2000). · cites it 7× “” Iowa Code § 633.389 . The second notice requirement exists as part of the statutory requirement for court approval of self-dealing by fiduciaries.”
Comm. on Prof'l Ethics & Conduct of the Iowa State Bar Ass'n v. Davidson, 398 N.W.2d 856 (Iowa 1987). · cites it 2× “The trustees have sole discretion relative to the sale of “principle assets.”
Iowa Supreme Court Bd. of Prof'l Ethics & Conduct v. Stamp, 590 N.W.2d 496 (Iowa 1999). · cites it 2× “The complaint further alleged that Stamp’s actions were in violation of the following statutory provisions: Iowa Code sections 633.389 (requiring notice to distributees under will regarding sale of personal property in an estate); 633.”
In the Matter of the Est. of Gloria J. Pflughaupt (Iowa Ct. App. 2026). · cites it 2× “See Iowa Code §§ 633.389 , .399 (2023); cf. In re Est.”
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.