Where there are two or more fiduciaries, they shall all concur in the exercise of the powers
conferred upon them, unless the instrument creating the estate provides to the contrary. In
the event that the fiduciaries cannot concur upon the exercise of any power, any one of the
fiduciaries may apply to the court for directions, and the court shall make such orders as it
may deem to be to the best interests of the estate.
[C66, 71, 73, 75, 77, 79, 81, §633.76]
Referred to in §633.642\n\n 633.76A Exception — voting of publicly traded securities.
Where there are two or more fiduciaries, a fiduciary may delegate to another fiduciary the
power to vote publicly traded securities, unless the instrument creating the estate provides to
\n
Tue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4)
§633.76A, PROBATE CODE 26\n\nthe contrary. The delegating fiduciary shall not be personally liable for the manner in which
such securities are voted by the fiduciary to whom the power is delegated.
91 Acts, ch 36, §2
Referred to in §633.642
\n
Notes of Decisions
Matter of Guardianship of Reed, 468 N.W.2d 819 (Iowa 1991).
· cites it 2× “” Section 633.76 refers to the situation “where there are two or more fiduciaries.”
In re the Est. of Buck, 569 N.W.2d 400 (Iowa Ct. App. 1997).
· cites it 2× “If the fiduciaries are unable to agree, then Iowa Code section 633.76 should be employed. It goes without saying that coupled with the power to select the attorney of their choice is also the power to discharge an attorney or attorneys.”
In re Guardianship of Hackert (Iowa Ct. App. 2025).
· cites it 6× “See Iowa Code § 633.76 (providing that co-guardians who “cannot concur upon the exercise of any power .”
Gene Uhlenhake, Robert Uhlenhake & Kristine McCormack, Beneficiaries of the Est. of Mildred Uhlenhake, & Robert Uhlenhake, as Co-Ex'r of the Est. of Mildred Uhlenhake v. Roger Uhlenhake & Bonita Ehler, as Co-Executors & Beneficiaries of the Est. of Mildred Uhlenhake, & Richard Uhlenhake, Beneficiary of the Est. of Mildred Uhlenhake (Iowa Ct. App. 2014).
· cites it 4× “Prior to the evidentiary hearing on the claim, the court heard arguments on the petition for two-thirds rule, which the court deemed a request for directions under Iowa Code section 633.76 (2011).2 The court ruled in favor of Roger and Bonita, finding it “abundantly clear” the…”
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