633.10  Jurisdiction.

The district court sitting in probate shall have jurisdiction of:

1.  Estates of decedents and absentees.

The probate and contest of wills; the appointment of personal representatives; the granting of letters testamentary and of administration; the administration, settlement and distribution of estates of decedents and absentees, whether such estates consist of real or personal property or both.

2.  Construction of wills and trust instruments.

The construction of wills and trust instruments during the administration of the estate or trust, whether said construction be incident to such administration, or as a separate proceeding.

3.  Conservatorships and guardianships.

The appointment of conservators and guardians; the granting of letters of conservatorship and guardianship; the administration, settlement and closing of conservatorships and guardianships.

4.  Trusts and trustees.

a.  Except as otherwise provided in this subsection, the appointment of trustees; the granting of letters of trusteeship; the administration of testamentary trusts; the administration of express trusts where jurisdiction is specifically conferred on the court by the trust instrument; the administration of express trusts where the administration of the court is invoked by the trustee, beneficiary, or any interested party; the administration of trusts which are established by a decree of court and result in the administration thereof by the court; and the settlement and closing of all such trusts.

b.  A trust which is administered solely or jointly by a bank or trust company referred to in section 633.63, subsection 2, is not subject to the jurisdiction of the court unless jurisdiction is invoked by the trustee or beneficiary, or if otherwise provided by the governing instrument. Upon application by a bank or trust company administering a trust which was in existence on May 20, 1985, and is subject to the court's jurisdiction, and following notice to the beneficiaries as provided in section 633.40, subsection 4, the court shall release the trust from further jurisdiction unless one or more beneficiaries object, on the condition that jurisdiction may be thereafter invoked by the trustee or beneficiary.

c.  The provisions of paragraph "b" shall be effective for applications filed on or after July 1, 1991.

5.  Actions for accounting.

An action for an accounting against a beneficiary of a transfer on death security registration, pursuant to this chapter.

Section History: Early form

  [C73, § 2312; C97, § 225; C24, 27, 31, 35, 39, § 10763, 10764; C46, 50, 54, 58, 62, § 604.3, 604.4; C66, 71, 73, 75, 77, 79, 81, § 633.10]

Section History: Recent form

  85 Acts, ch 154, §1; 91 Acts, ch 36, §1; 97 Acts, ch 178, §3

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