When any fiduciary is, or becomes, disqualified under sections 633.63 and 633.64, has
mismanaged the estate, failed to perform any duty imposed by law, or by any lawful order
of court, or ceases to be a resident of the state, then the court may remove the fiduciary.
The court may upon its own motion, and shall upon the filing of a verified petition by any
person interested in the estate, including a surety on the fiduciary’s bond, order the fiduciary
to appear and show cause why the fiduciary should not be removed. Any such petition shall
specify the grounds of complaint. The removal of a fiduciary after letters are duly issued to
the fiduciary shall not invalidate the fiduciary’s official acts performed prior to removal.
[C51, §1306, 1509, 1510; R60, §2338, 2561, 2562; C73, §2247, 2251, 2496 – 2500; C97, §3198,
3201, 3416 – 3418; S13, §3228-g; C24, 27, §12066 – 12068, 12600, 12604, 12643; C31, 35,
§12066 – 12068, 12600, 12604, 12643, 12644-c12; C39, §12066 – 12068, 12600, 12604, 12643,
12644.12; C46, 50, 54, 58, 62, §638.29 – 638.31, 668.27, 668.31, 671.12, 672.12; C66, 71, 73,
75, 77, 79, 81, §633.65]
Referred to in §231E.7, 524.1007, 633.32, 633.642
\n
Notes of Decisions
Cited in
21
cases (
4 in the last 5 years), 1972–2026 · leading case:
Matter of Est. of Lovell, 344 N.W.2d 576 (Iowa Ct. App. 1983).
Matter of Est. of Lovell, 344 N.W.2d 576 (Iowa Ct. App. 1983).
· cites it 10× “On the same date, the executor filed a motion to dismiss the petition, stating in essence that the petition, governed by Iowa Code section 633.65 (1981), failed to allege any grounds set out in that statute and that no grounds for his removal existed.”
Matter of Guardianship of Hedin, 528 N.W.2d 567 (Iowa 1995).
· cites it 4× “Iowa Code § 633.65 (Emphasis added.) Curtis alleges that the guardian is disqualified for several reasons: (1) she has failed to file reports required by law; (2) she has failed to assure that he has been provided appropriate training and education as required by Iowa Code…”
Est. of Randeris v. Randeris, 523 N.W.2d 600 (Iowa Ct. App. 1994).
· cites it 4× “See Iowa Code § 633.65 (1993). The issues presented by a hearing on a final report involve the correctness of the executor’s accounting and those questions necessarily involved in the accounting.”
In Re Est. of Rutter, 633 N.W.2d 740 (Iowa 2001).
· cites it 2× “” Iowa Code § 633.65 . The burden to prove conduct sufficient for removal of the executor is upon the person seeking removal.”
Matter of Est. of Heller, 401 N.W.2d 602 (Iowa Ct. App. 1986).
· cites it 5× “64, has mismanaged the estate, failed to perform any duty imposed by law, or by any lawful order of court, or ceases to be a resident of the state, then the court may *609 remove him.”
Matter of Est. of Cutler, 368 N.W.2d 724 (Iowa Ct. App. 1985).
· cites it 7× “Iowa Code § 633.65 (1983). The reference to section 633.”
Matter of Est. of Jones, 492 N.W.2d 723 (Iowa Ct. App. 1992).
· cites it 2× “Section 633.65 allows removal of an executor who “is disqualified” because he is unsuitable as well as one who “becomes disqualified” because he is unsuitable.”
Matter of Est. of Atwood, 577 N.W.2d 60 (Iowa Ct. App. 1998).
· cites it 2× “Iowa Code § 633.65 (1993). A conflict of interest or unwarranted hostility between the executor and trustee and the beneficiaries may also support the removal of an executor.”
Suplee v. Stonebraker, 195 N.W.2d 678 (Iowa 1972).
“In the event the conservatorship is not terminated, probate court should give careful consideration to conservator’s nonresi-dence, which constitutes grounds for removal under § 633.65, The Code. Reversed and remanded with instructions.”
Hedin v. Gonzales, 528 N.W.2d 567 (Iowa 1995).
· cites it 4× “Iowa Code § 633.65 (Emphasis added.) Curtis alleges that the guardian is disqualified for several reasons: (1) she has failed to file reports required by law; (2) she has failed to assure that he has been provided appropriate training and education as required by Iowa Code…”
In re Guardianship of Wendt (Iowa Ct. App. 2023).
· cites it 4× “Pursuant to Iowa Code section 633.65 (2021), the court may remove a fiduciary3 when that fiduciary “is or becomes disqualified under sections 633.”
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.