Iowa Code

Iowa Code § 633.83 (2026)

Continuation of business

✓ current as of July 2026

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Upon a showing of advantage to the estate, the court may authorize the fiduciary to continue any business of the estate for the estate’s benefit. The order may be without notice, or after such notice as the court may prescribe. The court may on its own motion, and upon the application of any interested party shall, review the authorization, and upon such review, may revoke or modify the authorization. The order may provide for any of the following:

1. The conduct of the business solely by the fiduciary, or jointly with one or more other persons; the formation of a partnership for the conduct of such business; or the formation of, or for the fiduciary to join in the formation of, a corporation for the conduct of such business.

2. The extent of the liability of the estate, or any part of the estate, or of the fiduciary, for obligations incurred in the continuation of the business.

3. Whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business, or to the estate as a whole.

4. The period of time for which the business may be conducted.\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) §633.83, PROBATE CODE 28\n\n 5. Such other conditions, restrictions, regulations, and requirements as the court may order. [C51, §1327; R60, §2359; C73, §2407; C97, §3337; C24, 27, 31, 35, 39, §11956; C46, 50, 54, 58, 62, §635.52; C66, 71, 73, 75, 77, 79, 81, §633.83] 2020 Acts, ch 1063, §336 Referred to in §633.642 \n

Notes of Decisions

Cited in 3 cases, 1968–2016 · leading case: Knight v. Anderson, 292 N.W.2d 411 (Iowa 1980).

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Knight v. Anderson, 292 N.W.2d 411 (Iowa 1980). · cites it 2× “They say the estate waived any such objection due to not urging it when Jerry was first sworn as a witness, and by allowing Jerry to testify (as to a share-crop arrangement with Jacobs) without objection at a business continuation hearing in the estate under section 633.”

In re the Est. of Newby, 159 N.W.2d 496 (Iowa 1968). · cites it 2× “Our reference is to the Code of 1966. II. Section 633.11 authorizes declaratory judgments in probate.”

In the Matter of the Est. of Mervin C. Poths, Sheryl Poths, Intervenor-Appellant. (Iowa Ct. App. 2016). · cites it 4× “Second, Sheryl argues Ronald failed to perform certain duties required by law, namely obtaining the court’s permission to continue a business under Iowa Code section 633.83, providing information or properly updating the reports and inventories, and valuing the corporation at…”

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.