Iowa Code
Iowa Code § 633.633 (2026)
Provisions applicable to all fiduciaries shall govern
✓ current as of July 2026
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The provisions of this probate code applicable to all fiduciaries shall govern the appointment, qualification, oath, and bond of guardians and conservators, except that a guardian shall not be required to give bond unless the court, for good cause, finds that the best interests of the protected person require a bond. The court shall then fix the terms and conditions of such bond. [C51, §1496; R60, §2548; C73, §2246; C97, §3197; S13, §3228-d; C24, 27, §12577 – 12579, 12640; C31, 35, §12577 – 12579, 12640, 12644-c9; C39, §12577 – 12579, 12640, 12644.09; C46, 50, 54, 58, 62, §668.5 – 668.7, 671.9, 672.9; C66, 71, 73, 75, 77, 79, §633.634; C81, §633.633] 2005 Acts, ch 38, §51; 2024 Acts, ch 1009, §65
\nNotes of Decisions
Cited in 7
cases, 1989–2016 · leading case: In the Matter of the Conservatorship of Rose v. Alessio, Michael a. Leo, of the Est. of Rose v. Alessio v. First Cmty. Trust, N.A., 803 N.W.2d 656 (Iowa 2011).
In the Matter of the Conservatorship of Rose v. Alessio, Michael a. Leo, of the Est. of Rose v. Alessio v. First Cmty. Trust, N.A., 803 N.W.2d 656 (Iowa 2011). “Iowa Code § 633.633 (A). A. History of Court Approval for Investments Made by Fiduciaries.”
In re Conservatorship of Peters, 447 N.W.2d 412 (Iowa Ct. App. 1989). “Iowa Code § 633.633 . Each fiduciary shall be liable for any negligent or willful act or nonfeasance in the fiduciary’s administration of an estate by which loss to the estate arises.”
Matter of Guardianship of Reed, 468 N.W.2d 819 (Iowa 1991). “559 the legislature makes a plural reference stating, “[t]he parents of a minor, or either of them, if qualified and suitable, shall be preferred over all others for appointment as guardian.”
State Ex Rel. Univ. of Iowa Hospitals & Clinics v. Hunter, 442 N.W.2d 94 (Iowa 1989). “See Iowa Code § 633.633 (1987); Warfield v. Warfield, 74 Iowa 184, 188 , 37 N.”
Matter of Conservatorship of Rininger, 500 N.W.2d 47 (Iowa 1993). “Under a conservatorship, certain rights and privileges are strictly established by Iowa Code sections 633.633 through 633.679 (1991). Under section 633.”
In the Matter of the Guardianship of Bryce Nobiling, Lucille Nobiling, Paula Lambertz, Glenn Nobiling, & Barb David (Iowa Ct. App. 2016). “We acknowledge that the present facts involve co-guardians rather than a trustee and beneficiaries, but Iowa Code section 633.633 provides, “The provisions of this probate code applicable to all fiduciaries shall govern the appointment, qualification, oath and bond of guardians…”
Amanda Kerber, Melissa Kerber, & Jeremy Kerber v. Marie Eischeid, Marguerite Nielsen, Teresa Smith, Annette Firkus, Kathleen Kasparbauer, & Mary Smith (Iowa Ct. App. 2016). “” Iowa Code § 633.633 . Furthermore, as guardians and conservators, Marie and Marguerite may be “held personally liable for actions or omissions taken or made in the official discharge of [their] duties,” so long as those actions or omissions constitute a “breach of fiduciary…”
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