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Iowa · ProbateIowa probate home sales: a petition, notice to interested persons and a court order

In Iowa, real or personal property of a decedent, other than exempt personal property and the homestead, may be sold, mortgaged, leased or exchanged by the personal representative to pay debts and charges, to distribute the estate, or for any other purpose in the estate's best interests (Iowa Code §633.386(1)). The homestead may be sold under provisions the court directs if it hasn't been set off to the surviving spouse and the spouse hasn't elected to occupy it, and the proceeds are held subject to the spouse's or issue's rights unless waived (§633.386(3)–(4)). The petition to sell must give the reasons and describe the property (§633.388). Unless notice is waived in writing or all interested persons are personal representatives who signed the petition, notice is served on distributees and persons who requested notice, and on satisfactory proof the court may order the sale at the price and on the terms and conditions it authorizes (§633.389).

What the statutes set

  1. Purposes (§633.386(1))

    Debts and charges, distribution, or the estate's best interests.

  2. Homestead (§633.386(3)–(4))

    Sold only under court-directed provisions; proceeds subject to spouse's rights.

  3. Petition (§633.388)

    States the reasons and describes the property.

  4. Notice and order (§633.389)

    Notice unless waived; the court sets price and terms.

What the TC checks when an Iowa estate sells a house

  • Get the court order authorizing the sale and check the price and terms against the contract.
  • Confirm notice was served or waived in writing before the hearing.
  • If the house was the homestead, check whether the surviving spouse elected to occupy it.

Questions about Iowa probate home sales

Does an Iowa estate sale need a court order?

Yes. The personal representative petitions the court, gives notice unless waived, and the court may order the sale at the price and terms it authorizes (Iowa Code §§633.388, 633.389).

Can an Iowa estate sell the homestead?

Under provisions the court directs, if it hasn't been set off to the surviving spouse and the spouse hasn't elected to occupy it (Iowa Code §633.386(3)).

Related guides

Track the petition, the court order and the deed signing as tasks on the deal in ClosingCode.

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Sources: Iowa Code §§633.386, 633.388, 633.389 (legis.iowa.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.