Iowa Code

Iowa Code § 633.399 (2026)

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✓ current as of July 2026

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After making any such sale, mortgage, exchange or lease of real property, the personal representative shall make a verified report thereof to the court. The court shall examine said report, and if satisfied that the sale, mortgage, exchange, or lease has been at a price and upon terms advantageous to the estate, and, in all respects, made in conformity with law, and that it ought to be confirmed, shall confirm the same and order the personal representative to deliver a deed, mortgage, lease or other proper instruments to the persons entitled thereto; provided, however, that in the event said real property has been sold at private sale without an appraisal for inheritance tax purposes for a death occurring before January 1, 2025, or for purpose of such sale, or, if it has been so appraised and has been sold at private sale for less than the appraised value thereof, then, upon the filing of such report, the court may enter an order fixing a time and place for hearing thereon and prescribe a notice of such hearing to be served upon all interested persons, any one of whom, prior to the time fixed for such hearing, may file written objections to the entry of an order approving said sale. If not satisfied that the sale, mortgage, exchange, or lease has been made in conformity with law and that it is to the best interests of the estate, the court may reject the sale, mortgage, exchange, or lease, and enter such orders as the court may deem advisable. [C51, §1354, 1355; R60, §2386, 2387; C73, §2399, 2400; C97, §3330, 3331; C24, 27, 31, §11944 – 11947; C35, §11944 – 11947, 11951-g6, -g7; C39, §11944 – 11947, 11951.6, 11951.7; C46, 50, 54, 58, 62, §635.33 – 635.36, 635.46, 635.47; C66, 71, 73, 75, 77, 79, 81, §633.399] 2025 Acts, ch 148, §46, 53, 54 Referred to in §633.400 2025 amendment applies retroactively to January 1, 2025, to the estates of decedents dying on or after January 1, 2025; 2025 Acts, ch 148, §54 Section amended

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1981–2026 · leading case: Breitbach v. Christenson, 541 N.W.2d 840 (Iowa 1995).

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Breitbach v. Christenson, 541 N.W.2d 840 (Iowa 1995). · cites it 2× “Breit-bach is correct in his statement Iowa Code section 633.399 requires a personal representative of an estate to report to the court following any sale of real property and prove to the court the sale has been conducted on terms advantageous to the estate.”

Thornton v. Est. of Thornton, 531 N.W.2d 651 (Iowa Ct. App. 1995). · cites it 6× “Iowa Code § 633.399 . The court shall examine said report, and if satisfied that the sale has been at a price and upon terms advantageous to the estate, and in all respects, made in conformity with law, and that it ought to be confirmed, shall confirm the same and order the…”

Bixler v. Nielsen, 521 N.W.2d 475 (Iowa Ct. App. 1994). · cites it 6× “” Iowa Code § 633.399 . We believe this language allowed the trial court to direct a public sale.”

In the Matter of the Est. of Gloria J. Pflughaupt (Iowa Ct. App. 2026). · cites it 5× “Iowa Code § 633.399 . As fiduciaries, the executors have a duty to sell the estate’s assets for the best price they can obtain.”

Summers v. First Nat'l Bank of Clinton, 316 N.W.2d 185 (Iowa Ct. App. 1981). “388 which requires that a petition to sell set forth the reasons for the application, and § 633.399 which requires that a report of the sale be made to the court by the personal representative.”

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