633.123 - PRUDENT INVESTMENTS -- FIDUCIARIES.
633.123 PRUDENT INVESTMENTS -- FIDUCIARIES. 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 ward. 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.Section History: Recent Form
2007 Acts, ch 134, §7, 28 Referred to in § 633.649Footnotes
Section applies to all estates, conservatorships, and trusts under court supervision and in existence on or after July 1, 2007; 2007 Acts, ch 134, §28