Iowa: Personal Representative Deed Requirements

Requirements one by one

A will power removes the statutory sale procedure

Iowa Code § 633.383 says the statutory procedure does not apply when the will
gives the personal representative power to sell, mortgage, lease, pledge, or
exchange estate property. That is the independent route.

Without that power, § 633.386 permits sale of nonexempt realty to pay debts and
charges, distribute the estate, or serve another purpose in the estate's best
interests. The homestead may be sold only under the separate conditions stated
in subsection 3.

The court route begins with petition and notice

Section 633.388 requires a petition stating the reasons and describing the
property. Under § 633.389, notice goes to distributees and people who requested
notice unless it is waived in writing or every interested person is also a
personal representative who signed the petition.

After satisfactory proof, the court may authorize all or part of the proposed
transaction at the price and on the conditions it approves.

The order controls method, terms, appraisal, and auction notice

Section 633.396 lets the court choose private sale or public auction, prescribe
the manner and terms, sequence parcels, obtain an appraisal for guidance, and
require an additional bond. Credit lasting more than 12 months requires a
noticed hearing under § 633.392.

For a public auction, § 633.397 makes the court's notice directions primary. If
the order says nothing, publication runs once weekly for two consecutive weeks,
with the last publication between one and seven days before the sale.

The sale is reported and confirmed before the deed

Section 633.399 requires a verified report after a real-property sale. The court
confirms only if the price and terms advantage the estate, the transaction
conforms to law, and confirmation is appropriate. The confirmation order then
directs the representative to deliver the deed.

For a private sale made without the section's applicable appraisal, or below
appraised value, the current statute permits the court to set a hearing and
notice at which interested people may file written objections.

Recording and cross-county proceedings are separate steps

Sections 558.41 and 558.42 require an acknowledged deed to be recorded in the
county where the real estate lies to protect against a later purchaser for value
without notice.

If the probate sale proceedings occurred in another county, § 633.401 adds a
different requirement: the representative files a complete transcript of those
proceedings with the clerk in the property's county.

Buyer protection is limited but concrete

Section 633.395 prevents a collateral attack based on an irregularity that did
not deprive the court of jurisdiction. Separately, § 633.93 gives a person
claiming under the decedent, a protected person, or a beneficiary five years
from recording to bring an action to recover fiduciary-sold real estate.

These rules do not state a general no-inquiry shield or protect an order entered
without jurisdiction.

What trips people up

Section 633.387 allows only specified personal property to be sold without a
court order. It is not authority for an order-free real-property sale. The
order-free realty route comes from an actual sale power in the will under
§ 633.383.

Common questions

Does every Iowa probate real-estate sale need court approval?

No. A will power within § 633.383 removes the statutory procedure. Without that
power, the court-supervised rules apply.

Is appraisal mandatory before every private sale?

No. Section 633.396 makes appraisal discretionary for the court's guidance, but
§ 633.399 gives an unappraised or below-appraisal private sale special treatment
at confirmation.

Can the deed be delivered before confirmation?

Not on the statutory court route. Section 633.399 has the court confirm and then
order delivery of the deed.

Statutes and sources

• Iowa Code §§ 633.383-633.402 — will power, sale purposes, petition, notice,
  terms, appraisal, auction, confirmation, deed, and cross-county transcript.
  Official Iowa Code 2026 Chapter 633, accessed 2026-08-12:
  https://www.legis.iowa.gov/docs/code/2026/633.pdf
• Iowa Code § 633.93 — five-year recorded-conveyance recovery limit. Official
  Iowa Code 2026 Chapter 633, accessed 2026-08-12:
  https://www.legis.iowa.gov/docs/code/2026/633.pdf
• Iowa Code §§ 558.41-558.42 — recording priority and acknowledgment. Official
  Iowa Code 2026 Chapter 558, accessed 2026-08-12:
  https://www.legis.iowa.gov/docs/code/2026/558.pdf