633.3109 Notice to creditors, heirs, spouse, and
beneficiaries.
1. As used in this section, "heir" means only
such person as would, in an intestate estate, be entitled to a
share under section 633.219, subsection 1, 2, 3, or 4.
2. A creditor of a deceased settlor of a revocable trust
must bring suit to enforce its claim against the assets of the
decedent's trust within one year of the decedent's death or be
forever barred from collection against the trust assets. If a
probate administration is commenced for the decedent and
notice is properly given pursuant to section 633.230 or
633.304, a creditor's rights shall be determined under those
sections and section 633.3104.
3. If no notice is given to creditors and heirs pursuant
to subsection 2, a creditor's rights may be established or
terminated if the trustee gives notice as follows:
a. The trustee shall publish a notice once each week for
two consecutive weeks in a daily or weekly newspaper of
general circulation published in the county in which the
decedent was a resident at the time of
death, and in any county of which the decedent was a
nonresident but in which some real estate of the trust is
located. If the decedent was not a resident of Iowa, but the
principal place of administration is in Iowa, the trustee
shall publish notice in the county that is the principal place
of administration pursuant to section 633.6102.
b. If
at any
time during the pendency of the trust administration the
trustee has knowledge of the name and address of a person
believed to own or possess a claim which will not, or may not,
be paid or otherwise satisfied during administration, the
trustee shall provide a notice by ordinary mail to each such
claimant at the claimant's last known address.
c. As soon as practicable, the trustee shall give a notice
by ordinary mail to the surviving spouse, the heirs
of the decedent, and each beneficiary under the trust whose
identities are reasonably ascertainable, at such persons' last
known addresses.
d. The notice in paragraphs "a", "b", and "c" shall
include notification of the decedent's death, and the fact
that any action to contest the validity of the trust must be
brought within the later to occur of sixty days from the date
of the second publication of the notice made pursuant to
paragraph "a" or thirty days from the date of mailing of the
notice pursuant to paragraph "b" or "c". A person who does
not make a claim within the appropriate period is forever
barred.
e. The trustee shall give notice to debtors to make
payment, and to creditors having claims against the trust
assets to mail proof of their claim to the trustee via
certified mail, return receipt requested, within the later to
occur of sixty days from the second publication of the notice
or thirty days from the date of mailing of the notice, or
thereafter be forever barred.
4. The notice described in subsection 3 shall be
substantially in the following form:
To all persons regarding . . . . . . , deceased, who
died on or about . . . . . . , (year) . . . . You are
hereby notified that . . . . . . is the trustee of the
. . . . . .
Trust. At this time, no probate administration is
contemplated with regard to the above-referenced decedent's
estate.
Any action to contest the validity of the trust must be
brought in the District Court of . . . . . . County,
Iowa, within the later to occur of sixty days from the date of
second publication of this notice, or thirty days from the
date of mailing this notice to all heirs of the decedent,
spouse of the decedent, and beneficiaries under the trust
whose identities are reasonably ascertainable. Any claim not
filed within this period shall be forever barred.
Notice is further given that all persons indebted to the
decedent or to the trust are requested to make immediate
payment to the undersigned trustee. Creditors having claims
against the trust must mail them to the trustee at the address
listed below via certified mail, return receipt requested.
Unless creditor claims are mailed by the later to occur of
sixty days from the second publication of this notice or
thirty days from the date of mailing this notice, a claim
shall be forever barred, unless otherwise allowed or paid.
Dated this . . . . day of . . . . . . , (year) . . . .
. . . . . . . . . . . . . . . . Trust
. . . . . . . . .
Trustee
Address: . . . . . . . . .
. . . . . . . . .
Date of second publication . . . . day of . . . . . . ,
(year) . . . .
5. The claimant either must receive satisfaction of its
claim,
or must file suit against the trust to enforce collection of
the creditor's claim within sixty days of mailing its claim to
the trustee. The trustee and creditor may agree to extend the
limitations period for filing an action to enforce the claim.
If the claimant fails to properly file its claim within the
established time period or bring an action to enforce its
claim within the established time period, the creditor's claim
shall be forever barred.
Section History: Recent form
99 Acts, ch 125, §33, 109; 2000 Acts, ch 1150, §18
Internal References
Referred to in § 633.3108
Footnotes
Section effective July 1, 2000; 99 Acts, ch 125, §109
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Last update: Thu Jan 24 10:51:05 CST 2002
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