633.123 Prudent investments — fiduciaries.

174 words·~1 min read·/ia/chapter-633-probate-code/633-123

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing property for the benefit of another, a fiduciary shall consider all of the following circumstances along with the circumstances identified in section 633A.4302, if applicable:

a. The length of time the fiduciary will have control over the estate assets and the anticipated costs of complying with the provisions of this section.

b. The unique nature of all of the following:

(1)The duties of a personal representative or conservator.

(2)The assets, income, expenses, and distribution requirements of the estate.

(3)The needs and rights of the beneficiaries or the protected person.

c. The express provisions of a will, codicil, or other controlling instrument.

2. The standards identified in this section shall be applied differently than similar standards for investment and management of trust property. Special consideration shall be given to the expected term of estates. Because some estates will have limited duration, there may be situations where an investment or a change in an investment is not warranted.

Referred to in §633.642, 633F.7