Iowa Code
Iowa Code § 633.79 (2026)
Fiduciaries considered as one
✓ current as of July 2026
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In an action against several fiduciaries, in their fiduciary capacity, they shall be considered one person, and judgment may be taken against all as such, although not all were served with notice. [C51, §1437; R60, §2462; C73, §2489; C97, §3410; C24, 27, 31, 35, 39, §12062; C46, 50, 54, 58, 62, §638.22; C66, 71, 73, 75, 77, 79, 81, §633.79] Referred to in §633.642
\nNotes of Decisions
Cited in 1
case, 1977–1977 · leading case: Moser v. Brown, 249 N.W.2d 612 (Iowa 1977).
Moser v. Brown, 249 N.W.2d 612 (Iowa 1977). “415, The Code, provides in material part: “Any action pending against the decedent at the time of his death that survives, shall also be considered a claim filed against the estate if notice of substitution is served upon the personal representative as defendant within the time…”
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