Iowa Code 2001SUPPLEMENT: Chapter 633

CHAPTER 633 PROBATE CODE

Referred to in § 10.1, 135.29, 135C.24, 141A.1, 144B.6, 217.13, 222.34, 231.60, 232.3, 235B.2, 235B.3, 239B.13, 252B.6A, 558A.1, 565B.24, 566A.3, 602.6306, 602.8102(105), 635.7, 635.8, 635.13

DIVISION I

INTRODUCTION AND DEFINITIONS

PART 1

INTRODUCTION

633.1 Short title.
633.2 How Code to take effect.

PART 2

DEFINITIONS AND USE OF TERMS

633.3       Definitions and use of terms.
633.4       Gender and number.  Repealed by 2000 Acts, ch 1188, §4.
633.5       Nonestate property--insurance proceeds.
633.6       through 633.9  Reserved.

DIVISION II

PROBATE COURT, CLERK OF PROBATE COURT, AND PROCEDURE IN PROBATE

PART 1

PROBATE COURT

633.10      Jurisdiction.
633.11      Declaratory judgments--determination of heirship--distribution.
633.12      County of jurisdiction.
633.13      Extent of jurisdiction.
633.14      Concurrent jurisdiction.
633.15      Probate court always open.
633.16      Control of probate records.
633.17      Judge disqualified--procedure.
633.18      Rules in probate.
633.19      Process revoked.
633.20      Referee--clerk--associate probate judge.
633.20A    Part-time associate probate judge--appointment--removal--qualifications.
633.20B    Appointment and resignation of full-time associate probate judges.
633.20C    Full-time associate probate judges--term, retention, qualifications.
633.21      Appraisers' fees and referees' fees fixed by rule.

PART 2

CLERK OF PROBATE COURT

633.22      Probate powers of clerk.
633.23      Clerk's actions reviewed.
633.24      Docketing and hearing.
633.25      Validity of clerk's orders.
633.26      Clerk not to prepare reports.
633.27      Probate docket.
633.27A    Docketing guardianship and conservatorship proceedings.
633.28      Docketing trust proceedings.
633.29      Probate record.  Repealed by 99 Acts, ch 144, §15.
633.30      Bonds given by fiduciaries.  Repealed by 93 Acts, ch 70, §15.
633.31      Calendar--fees in probate.
633.32      Delinquent inventories and reports.

PART 3

PROCEDURE IN PROBATE

633.33      Nature of proceedings in probate.
633.34      Applicability of Rules of Civil Procedure.
633.35      Reports and applications for orders.
633.36      Orders in probate.
633.37      Orders without notice.
633.38      Time and place of hearing.
633.39      Place of hearing--noncontest or agreement.
633.40      Notice in probate proceedings.
633.41      Consular representatives--notice.
633.42      Requests for notice.
633.43      Notice and appearance.
633.44      Waiver of service of notice.
633.45      Notice of order served on fiduciary and attorney.
633.46      Proof of publication.
633.47      Proof of service and taxation of costs.
633.48      Certified copies affecting foreign real estate.
633.49      Transfer to another county.
633.50      Certified copy of transferring court's records.
633.51      Filing of certified copy by receiving court.
633.52      Mistakes corrected.
633.53      Submission and retention of vouchers and receipts.
633.54      to 633.62  Reserved.

DIVISION III

GENERAL PROVISIONS RELATING TO FIDUCIARIES

PART 1

QUALIFICATION, APPOINTMENT, SUBSTITUTION, AND REMOVAL OF FIDUCIARIES

633.63      Qualification of fiduciary--resident.
633.64      Qualification of fiduciary--nonresident.
633.65      Removal of fiduciary.
633.66      Appointment of successor fiduciary.
633.67      Powers of surviving cofiduciary.
633.68      Powers of successor fiduciary.
633.69      Substitution--effect.
633.70      Property delivered--penalty.
633.71      Legal effect of appointment.
633.72      Manner of service.
633.73      to 633.75  Reserved.

PART 2

POWERS APPLICABLE TO ALL FIDUCIARIES

633.76      Two or more fiduciaries--exercise of powers.
633.76A    Exception--voting of publicly traded securities.
633.77      Receipts by one fiduciary.
633.78      Third parties protected.
633.79      Fiduciaries considered as one.
633.80      Fiduciary of a fiduciary.
633.81      Suit by and against fiduciary.
633.82      Designation of attorney.
633.83      Continuation of business.
633.84      Delegation of authority.
633.85      Liability of fiduciary employing agents.
633.86      Reduction of fees when agents are employed.
633.87      Deposit of money in banks.
633.88      Law governing administration of estates of nonresidents.
633.89      Power of fiduciary or custodian to deposit securities.
633.90      to 633.92  Reserved.

PART 3

SPECIAL PROVISIONS RELATING TO PROPERTY

633.93      Limitation on actions affecting deeds.
633.94      Platting.
633.95      Release of liens and mortgages.
633.96      Specific performance voluntary.
633.97      Specific performance involuntary.
633.98      Certificate of appointment and authority.
633.99      Federal stock authority to purchase.
633.100     Waiver of exemption.
633.101     Appraisal.
633.102     Costs and expenses.
633.103     Certain corporate distributions.  Repealed by 99 Acts, ch 124, §32.
633.104     to 633.107  Reserved.

PART 4

PROVISIONS RELATING TO ADMINISTRATION BY ALL FIDUCIARIES

GENERAL PROVISIONS

633.108     Small distributions to minors--payment.
633.109     Inability to distribute estate funds.
633.110     Receipts taken.
633.111     Final discharge period.
633.112     Discovery of property.
633.113     Commitment.
633.114     Compromise of claims held by an estate.
633.115     Compromise of claims against an estate.
633.116     Abandonment of property.
633.117     Encumbered assets.
633.118     Attorney appointed for persons not represented.
633.119     Order and authority thereunder.
633.120     Compensation.
633.121     Substitution--division of fee.
633.122     Settlement contested.

INVESTMENTS BY FIDUCIARIES

633.123 Model prudent person investment Act. Repealed by 1999 Acts, ch 125, §108, 109.
633.123A Investments in investment companies and investment trusts.

APPOINTMENT OF A NOMINEE BY BANKING INSTITUTIONS ACTING IN A FIDUCIARY CAPACITY

633.124 Investment may be held in name of nominee of bank or trust company.
633.125 Records of bank or trust company to show ownership.

COMMON TRUST FUNDS

633.126     Definitions.
633.127     Establishment of common trust funds.
633.128     Court accountings.
633.129     Uniformity of interpretation.

SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS

633.130 through 633.138 Repealed by 96 Acts, ch 1138, §82, 84.
633.139 to 633.143 Reserved.

PART 5

POWERS OF FOREIGN FIDUCIARIES

633.144     Mortgages and judgments.
633.145     Certificate of appointment and authority.
633.146     Filing of certificate.
633.147     Record.
633.148     Maintaining actions.
633.149     Filing of bond.
633.150     to 633.154  Reserved.

PART 6

LIABILITY OF FIDUCIARIES

633.155     Self-dealing by fiduciary prohibited.
633.156     Deposits by corporate fiduciaries.
633.157     Liability for property of estate.
633.158     Liability for property not a part of estate.
633.159     Judgment--execution.
633.160     Breach of duty.
633.161     Examination of fiduciaries.
633.162     Penalty.
633.163     to 633.167  Reserved.

PART 7

OATH AND BOND OF FIDUCIARIES

633.168     Oath.
633.169     Bond.
633.170     Amount of bond.
633.171     Approval by clerk.
633.172     Will--waiver of bond.
633.173     Waiver of bond by distributees.
633.174     Guardians--bond.
633.175     Waiver of bond by court.
633.176     Reduction of bond by deposit.
633.177     Deposit in lieu of bond.
633.178     Letters.
633.179     Review by clerk when inventory is filed.
633.180     Bond changed.
633.181     Obligees of bond--joint and several liability.
633.182     Qualifications for sureties.
633.183     Authority for fiduciary and surety to enter into agreement for deposit of property or joint control.
633.184     Release of sureties before estate fully administered.
633.185     Insolvency of fiduciary.
633.186     Suit on bond.
633.187     Limitation of action on bond.
633.188     to 633.196  Reserved.

PART 8

COMPENSATION OF FIDUCIARIES AND ATTORNEYS

633.197     Compensation.
633.198     Attorney fee.
633.199     Expenses and extraordinary services.
633.200     Compensation of other fiduciaries and their attorneys.
633.201     Court officers as fiduciaries.
633.202     Affidavit relative to compensation.
633.203     Affidavit for corporate fiduciary.
633.204     Fees of deceased fiduciary.
633.205     to 633.209  Reserved.

DIVISION IV

INTESTATE SUCCESSION

PART 1

RULES OF INHERITANCE

633.210     Rules of descent.
633.211     Share of surviving spouse if decedent left no issue or left issue all of whom are issue of surviving spouse.
633.212     Share of surviving spouse if decedent left issue some of whom are not issue of surviving spouse.
633.213     Appraisal.
633.214     Procedure determined by court.
633.215     Notice.
633.216     Objections.
633.217     Trial.
633.218     Right of spouse to select property.
633.219     Share of others than surviving spouse.
633.220     Afterborn heirs--time of determining relationship.
633.221     Biological child--inherit from mother.
633.222     Biological child--inherit from father.
633.223     Effect of adoption.
633.224     Advancements--in general.
633.225     Valuation of advancements.
633.226     Death of advancee before intestate.

PART 2

PROCEDURE FOR OPENING ADMINISTRATION OF INTESTATE ESTATES

633.227     Administration granted.
633.228     Time allowed.
633.229     Petition for administration of an intestate estate.
633.230     Notice in intestate estates.
633.231     to 633.235  Reserved.

DIVISION V

RIGHTS OF SURVIVING SPOUSE

PART 1

RIGHT TO TAKE AGAINST THE WILL

633.236     Right of surviving spouse to elect to take against will.
633.237     Presumption that surviving spouse elects to take under will.
633.238     Share of surviving spouse who elects to take against will.
633.239     Share to embrace homestead.
633.240     Election to occupy homestead.
633.241     Time for election to occupy homestead.
633.242     Rights of election personal to surviving spouse.
633.243     Filing elections.
633.244     Incompetent spouse--election by court.
633.245     Record of election.
633.246     Election not subject to change.
633.246A   Medical assistance eligibility.

PART 2

PROCEDURE FOR SETTING OFF SHARE

633.247     Setting off share of surviving spouse when electing to take against the will.
633.248     Referee--notice.
633.249     Mode of setting off share in real estate.
633.250     Report--delinquency.
633.251     Confirmation--new reference.
633.252     Confirmation conclusive--possession.
633.253     Right contested.
633.254     Sale--division of proceeds.
633.255     Purchase of new homestead.
633.256     Security to avoid sale.
633.257     Security by surviving spouse.
633.258     Sale prohibited.
633.259     to 633.263  Reserved.

DIVISION VI

WILLS

PART 1

GENERAL PROVISIONS RELATING TO WILLS

633.264     Disposal of property by will.
633.265     Procedure prescribed by will.
633.266     Adjusted gross estate.
633.267     Children born or adopted after execution of will.
633.268     Presumption attending devise to spouse.
633.269     After acquired property.
633.270     Contractual or mutual wills.
633.271     Effect of divorce or dissolution.
633.272     Partial intestacy.
633.273     Antilapse statute.
633.274     Exception to antilapse statute.
633.275     Testamentary additions to trusts.
633.276     Separate identification of bequest.
633.277     Uniformity of interpretation.
633.278     Devise of encumbered property.

PART 2

EXECUTION AND REVOCATION

633.279     Signed and witnessed.
633.280     Competency of witnesses.
633.281     Interest of witnesses.
633.282     Defect cured by codicil.
633.283     Will executed in foreign state or country.
633.284     Revocation--cancellation--revival.

PART 3

CUSTODY

633.285     Custodian--filing--penalty.
633.286     Deposit of will with clerk.
633.287     Manner of deposit.
633.288     Delivery by clerk during lifetime of testator.
633.289     Delivery by clerk after death of testator.

PART 4

PROCEDURE FOR PROBATE OF WILLS

633.290     Petition for probate of will.
633.291     Contents of petition for probate of will.
633.292     Contents of petition for appointment of executor.
633.293     Hearing upon petition.
633.294     Order of preference for appointment of executor.
633.295     Testimony of witnesses.
633.296     Deposition.
633.297     Witnesses unavailable.
633.298     Order admitting or disallowing probate of will.
633.299     Order appointing executor.
633.300     Certificate of probate.
633.301     Copy of will for executor.
633.302     Clerk filing copies of will.
633.303     Charitable trusts--copy of wills to attorney general.
633.304     Notice of probate of will with administration.
633.305     Notice if no administration.
633.306     Record in foreign county.
633.307     Costs of transcript.

PART 5

ACTIONS TO SET ASIDE OR CONTEST OF WILLS

633.308     Setting aside probate of will.
633.309     Time within which action must be commenced.
633.310     Objections prior to admission of will to probate.
633.311     Contest or objection shall be tried as a law action.
633.312     Joinder of parties.
633.313     Election of defendants to join with contestants.
633.314     Taxation of costs.
633.315     Allowance for defending will.
633.316     Notice to devisees in other wills.
633.317     Where will is filed after letters of administration have been granted.
633.318     Where will is filed after letters testamentary have been granted.
633.319     Proof of execution.
633.320     Declaratory judgment to determine last will.
633.321     to 633.329  Reserved.

DIVISION VII

ADMINISTRATION OF ESTATES OF DECEDENTS

PART 1

GENERAL PROVISIONS LIMITATION

633.330 Character of proceedings.
633.331 Limitation of administration.

EXEMPT PROPERTY AND INSURANCE

633.332     Exempt personal property.
633.333     Proceeds of insurance.
633.334     Surviving spouse included as "heir".
633.335     Share of survivor.

WRONGFUL DEATH

633.336 Damages for wrongful death.
633.337 to 633.341 Reserved.

PART 2

TEMPORARY ADMINISTRATION

633.342     Appointment of temporary administrator pending administration.
633.343     Appointment of temporary administrator during administration.
633.344     to 633.347  Reserved.

PART 3

TITLE AND POSSESSION OF DECEDENT'S PROPERTY

633.348     Right to retain existing property.
633.349     Security to sustain devise or bequest.
633.350     Title to decedent's estate--when property passes--possession and control thereof--liability for administration expenses, debts and family allowance.
633.351     Possession of real and personal property.
633.352     Collection of rents and payment of taxes and charges.
633.353     Surrender of possession upon application by personal representative.
633.354     Surrender of possession upon application by any interested person.
633.355     Delivery of specific devise after nine months.
633.356     Distribution of property by affidavit.
633.357     Custodial independent retirement accounts.
633.358     through 633.360  Reserved.

PART 4

INVENTORY

633.361     Report and inventory.
633.362     Filing mandatory.
633.363     Reporting failure to court.
633.364     Supplementary inventory.
633.365     Appraisement.
633.366     Debts of executor.
633.367     Inventory and appraisement as evidence.
633.368     Property for payment of creditor's claims.
633.369     to 633.373  Reserved.

PART 5

ALLOWANCE FOR SURVIVING SPOUSE AND MINOR CHILDREN

633.374     Allowance to surviving spouse.
633.375     Review of allowance to surviving spouse.
633.376     Allowance to children who do not reside with surviving spouse.
633.377     Review of allowance to minor children.
633.378     to 633.382  Reserved.

PART 6

SALE OF PROPERTY

633.383     When power given in will.
633.384     Equitable conversion and power of sale.
633.385     Conversion.
633.386     Sale, mortgage, pledge, lease or exchange of property--purposes.
633.387     Sale of personal property without order of court.
633.388     Petition to sell, mortgage, exchange, pledge or lease property.
633.389     Notice on sale, mortgage, exchange, pledge or lease of property.
633.390     Sale subject to mortgage.
633.391     Quieting adverse claims.
633.392     Terms of sale.
633.393     Purchase by holder of lien.
633.394     Order to sell, mortgage, pledge, exchange or lease to be refused if bond given.
633.395     Validity of proceedings.
633.396     Order for sale, mortgage, pledge, exchange or lease of real property.
633.397     Sale at public auction.
633.398     Adjournment of sale at public auction.
633.399     Report for approval.
633.400     Joining report with petition.
633.401     Record in foreign county.
633.402     Sale defined.
633.403     to 633.409  Reserved.

PART 7

CLAIMS AGAINST DECEDENT'S ESTATE, AND TIME AND MANNER OF FILING CLAIMS

633.410     Limitation on filing claims against decedent's estate.
633.411     Pleading statute of limitations.
633.412     When claim not affected by statute of limitations.
633.413     Claims barred when no administration commenced.
633.414     Liens not affected by failure to file claim.
633.415     Commencement or continuance of separate action.
633.416     Compulsory counterclaims--Rules of Civil Procedure.
633.417     Separate action in lieu of proceeding on claims.
633.418     Form and verification of claims--general requirements.
633.419     Requirements when claim founded on written instrument.
633.420     How claim entitled.
633.421     Unsecured claims not yet due.
633.422     Secured claims not yet due.
633.423     Procedure for secured claims.
633.424     Contingent claims.

CLASSIFICATION, ALLOWANCE, AND PAYMENT OF DEBTS AND CHARGES

633.425     Classification of debts and charges.
633.426     Order of payment of debts and charges.
633.427     Payment of contingent claims by distributees--contribution.
633.428     Allowance by personal representative.
633.429     Compelling payment of claims.
633.430     Execution and levies prohibited.
633.431     Claims of personal representative.
633.432     Allowance or disallowance of claim of personal representative.
633.433     Payment of debts and charges before expiration of four months' period.
633.434     Payment of debts and charges after expiration of four months' period.
633.435     Debts and charges not filed.
633.436     General order for abatement.
633.437     Contrary provision as to abatement.

DENIAL AND CONTEST OF CLAIMS

633.438     General denial of claims.
633.439     Disallowance by personal representative.
633.440     Contents of notice of disallowance.
633.441     Proof of service.
633.442     Claims barred after twenty days.
633.443     Request for hearing by claimant.
633.444     Applicability of Rules of Civil Procedure.
633.445     Offsets and counterclaims.
633.446     Burden of proof.
633.447     Trial and hearing.
633.448     Allowance and judgment.
633.449     Payment of federal estate taxes.
633.450     to 633.468  Reserved.

PART 8

ACCOUNTING, DISTRIBUTION, FINAL REPORT, AND DISCHARGE

633.469     Interlocutory report.
633.470     Waiver of accounting.
633.471     Right of retainer.
633.472     Property distributed in kind.
633.473     Final settlement--time limit.
633.474     Certificate as to payment of personal taxes.  Repealed by 83 Acts, ch 44, §2.
633.475     Compromise of personal taxes.
633.476     Action against distributees--costs--tender.
633.477     Final report.
633.478     Notice of application for discharge.
633.479     Discharge.
633.480     Certificate to county recorder for tax purposes with administration.
633.481     Certificate to county recorder for tax purposes without administration.
633.482     to 633.486  Reserved.

PART 9

REOPENING

633.487     Limitation on rights.
633.488     Reopening settlement.
633.489     Reopening administration.
633.490     to 633.494  Reserved.

DIVISION VIII

FOREIGN WILLS AND ANCILLARY ADMINISTRATION

PART 1

FOREIGN WILLS

633.495     Admission of wills of nonresidents.
633.496     Foreign probated wills.
633.497     Foreign wills as a muniment of title.
633.498     Foreign wills--procedure.
633.499     Reserved.

PART 2

ANCILLARY ADMINISTRATION

633.500     Appointment of foreign administrator.
633.501     Application for appointment of foreign administrator.
633.502     Appointment of foreign fiduciary.
633.503     Application for appointment of foreign executor or trustee.
633.504     Removal of property--payment of claims.
633.505     to 633.509  Reserved.

DIVISION IX

ESTATES OF ABSENTEES

633.510     Administration authorized--petition.
633.511     Notice.
633.512     Service.
633.513     Proof of service--filing.
633.514     Hearing--continuance--orders.
633.515     Administration.
633.516     Rights of absentee barred--sale by spouse.
633.517     Missing soldiers or sailors--presumption of death.
633.518     to 633.522  Reserved.

DIVISION X

UNIFORM SIMULTANEOUS DEATH ACT

633.523     No sufficient evidence of survivorship.
633.524     Beneficiaries of another person's disposition of property.
633.525     Joint tenants.
633.526     Insurance policies.
633.527     Limitation of application.
633.528     Uniformity of interpretation.
633.529     to 633.534  Reserved.

DIVISION XI

FELONIOUS DEATH

633.535     Person causing death.
633.536     Procedure to deny benefits to a person causing death.
633.537     Third party nonliability.
633.538     to 633.542  Reserved.

DIVISION XII

PROCEEDINGS FOR ESCHEAT

633.543     Proceedings for escheat.
633.544     Notice to persons interested.
633.545     Sale--proceeds.
633.546     Payment to person entitled.
633.547     to 633.550  Reserved.

DIVISION XIII

OPENING GUARDIANSHIPS AND CONSERVATORSHIPS

633.551 Guardianships and conservatorships--general provisions.

PART 1

OPENING GUARDIANSHIPS

633.552     Petition for appointment of guardian.
633.553     No notice required--minor.  Repealed by 84 Acts, ch 1299, §19.
633.554     Notice to proposed ward.
633.555     Pleadings and trial--Rules of Civil Procedure.
633.556     Appointment of guardian.
633.557     Appointment of guardian on voluntary petition.
633.558     Appointment of temporary guardian.
633.559     Preference as to appointment of guardian.
633.560     Appointment of guardian on a standby basis.
633.561     Representation.
633.562     Notification of guardianship powers.
633.563     to 633.565  Reserved.

PART 2

OPENING CONSERVATORSHIPS

633.566     Petition for appointment of conservator.
633.567     No notice required--minor.  Repealed by 84 Acts, ch 1299, §19.
633.568     Notice to proposed ward.
633.569     Pleadings and trial--Rules of Civil Procedure.
633.570     Appointment of conservator.
633.571     Preference as to appointment of conservator.
633.572     Appointment of conservator on voluntary petition.
633.573     Appointment of temporary conservator.
633.574     Procedure in lieu of conservatorship.
633.575     Representation.
633.576     Notification of conservatorship powers.
633.577     to 633.579  Reserved.

PART 3

CONSERVATORSHIPS FOR ABSENTEES

633.580     Petition for appointment of conservator for absentee.
633.581     Original notice governed by Rules of Civil Procedure.
633.582     Notice on county attorney.
633.583     Pleadings and trial--Rules of Civil Procedure.
633.584     Appointment of conservator.
633.585     Appointment of temporary conservator.
633.586     to 633.590  Reserved.

PART 4

STANDBY CONSERVATORSHIPS

633.591     Voluntary petition for appointment of conservator--standby basis.
633.591A   Voluntary petition for appointment of conservator for a minor--standby basis.
633.592     Petition may nominate conservator.
633.593     Deposit of petition.
633.594     Revocation of petition.
633.595     Filing petition upon occurrence of condition.
633.596     Considerations--appointment of conservator.
633.597     Conservator shall have same powers and duties.
633.598     to 633.602  Reserved.

PART 5

FOREIGN CONSERVATORS

633.603     Appointment of foreign conservators.
633.604     Application.
633.605     Personal property.
633.606     Copy of bond.
633.607     Order for delivery.
633.608     Recording of bond--notice to court.
633.609     to 633.613  Reserved.

PART 6

CONSERVATORSHIPS INVOLVING VETERANS ADMINISTRATION

633.614     Application of other provisions to veterans' conservatorships.
633.615     Administrator of veterans affairs--party in interest.
633.616     Repealed by 75 Acts, ch 208, §17.
633.617     Ward rated incompetent by veterans administration.
633.618     to 633.621  Repealed by 75 Acts, ch 208, §17.
633.622     Bond requirements.
633.623     to 633.626  Reserved.

PART 7

COMBINING PETITION FOR GUARDIAN AND CONSERVATOR

633.627     Combining petitions.
633.628     Same person as guardian and conservator.
633.629     to 633.632  Reserved.

DIVISION XIV

ADMINISTRATION OF GUARDIANSHIPS AND CONSERVATORSHIPS

PART 1

APPOINTMENT AND QUALIFICATION OF GUARDIANS AND CONSERVATORS

633.633     Provisions applicable to all fiduciaries shall govern.
633.633A   Liability of guardians and conservators.
633.633B   Tort liability of guardians and conservators.
633.634     Combination of voluntary and standby petitions with involuntary petition for hearing.
633.635     Responsibilities of guardian.

PART 2

RIGHTS AND TITLE OF WARD

633.636     Effect of appointment of guardian or conservator.
633.637     Powers of ward.
633.638     Presumption of fraud.
633.639     Title to ward's property.
633.640     Conservator's right to possession.

PART 3

DUTIES AND POWERS OF CONSERVATOR

633.641     Duties of conservator.
633.642     Inventory of ward's property.  Repealed by 85 Acts, ch 29, §11.
633.643     Disposal of will by conservator.
633.644     Court order to preserve testamentary intent of ward.
633.645     Court to deliver will to clerk.
633.646     Powers of the conservator without order of court.
633.647     Powers of conservator subject to the approval of the court.
633.648     Appointment of attorney in compromise of personal injury settlements.
633.649     Powers of conservators--same as all fiduciaries.
633.650     Breach of contracts.
633.651     Tort liability of conservator.  Repealed by 89 Acts, ch 178, §21.

PART 4

TRANSFERRING, ENCUMBERING, AND LEASING PROPERTY BY CONSERVATOR

633.652 Procedure applicable to personal representatives shall govern.

PART 5

CLAIMS

633.653     Claims against the ward, the conservatorship or the conservator in that capacity.
633.653A   Claims for cost of medical care or services.
633.654     Form and verification of claims--general requirements.
633.655     Requirements when claim founded on written instrument.
633.656     How claim entitled.
633.657     Filing of claim required.
633.658     Compelling payment of claims.
633.659     Allowance by conservator.
633.660     Execution and levy prohibited.
633.661     Claims of conservators.
633.662     Claims not filed.
633.663     Waiver of statute of limitations by conservator.
633.664     Liens not affected by failure to file claim.
633.665     Separate actions and claims.
633.666     Denial and contest of claims.
633.667     Payment of claims in insolvent conservatorships.

PART 6

GIFTS

633.668 Conservator may make gifts.

PART 7

GUARDIAN'S REPORTS

633.669 Reporting requirements--assistance by clerk.

PART 8

CONSERVATOR'S INVENTORY AND REPORTS

633.670 Inventory--reporting requirements.
633.671 Requirements of report and accounting.

PART 9

COSTS AND ACCOUNTS

633.672     Payment of court costs in conservatorships.
633.673     Court costs in guardianships.
633.674     Settlement of accounts.

PART 10

TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS

633.675     Cause for termination.
633.676     Assets exhausted.
633.677     Accounting to ward--notice.
633.678     Delivery of assets.
633.679     Petition to terminate--request for voting rights reinstatement.
633.680     Limit on application to terminate.
633.681     Assets of minor ward exhausted.
633.682     Discharge of conservator and release of bond.
633.683     to 633.698  Reserved.

DIVISION XV

TRUSTS

633.699     Powers of trustees.
633.699A   Modification or termination of uneconomical testamentary trust.
633.700     Intermediate report of trustees.
633.701     Final report of trustee.
633.702     Notice of application for discharge.
633.703     Discharge.
633.703A   Creation and establishment of separate trusts.
633.703B   Availability of amendment procedures.

DIVISION XVI

DISCLAIMER OF SUCCESSION TO REAL AND PERSONAL PROPERTY

633.704 Disclaimer.

DIVISION XVII

POWERS OF ATTORNEY

633.705 When power of attorney not affected by disability.
633.706 Other powers of attorney not revoked until notice of death or disability.

DIVISION XVIII

MEDICAL ASSISTANCE TRUSTS

633.707     Definitions.
633.708     Disposition of medical assistance special needs trusts.
633.709     Disposition of medical assistance income trusts.
633.710     Other powers of trustees.
633.711     Cooperation.
633.712     through 633.799  Reserved.

DIVISION XIX

TRANSFER ON DEATH SECURITY REGISTRATION

633.800     Short title--rules of construction.
633.801     Definitions.
633.802     Registration in beneficiary form--sole or joint tenancy ownership.
633.803     Registration in beneficiary form--applicable law.
633.804     Origination of registration in beneficiary form.
633.805     Form of registration in beneficiary form.
633.806     Effect of registration in beneficiary form.
633.807     Claims against a beneficiary of a transfer on death security registration.
633.808     Death of the owner.
633.809     Protection of registering entity.
633.810     Nontestamentary transfer on death.
633.811     Terms, conditions, and forms for registration.
633.812     through 633.1100  Reserved.

DIVISION XX

IOWA TRUST CODE

PART 1

DEFINITIONS AND GENERAL PROVISIONS

633.1101    Short title.
633.1102    Definitions.
633.1103    Per stirpes rule of descent.
633.1104    Common law of trusts.
633.1105    Trust provisions control.
633.1106    General rule concerning application of the Iowa trust code.
633.1107    Scope of trust code.

PART 2

CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS

SUBPART A

CREATION AND VALIDITY OF TRUSTS

633.2101    Methods of creating trusts.
633.2102    Requirements for validity.
633.2103    Statute of frauds.
633.2104    Trust purposes.
633.2105    Honorary trusts--trusts for pets.
633.2106    Resulting trusts.
633.2107    Constructive trusts.

SUBPART B

MODIFICATION AND TERMINATION OF TRUSTS

633.2201    Termination of trust.
633.2202    Modification or termination by settlor and all beneficiaries.
633.2203    Modification or termination of irrevocable trust by court.
633.2204    Modification of administrative provisions by court for change of circumstances.
633.2205    Noncharitable trust with uneconomically low value.
633.2206    Reformation--tax objectives.
633.2207    Combination of trusts.
633.2208    Division of trusts.

SUBPART C

SPENDTHRIFT PROTECTION

633.2301    Spendthrift protection recognized.
633.2302    Exceptions to spendthrift protection.
633.2303    Amount reachable by creditors or transferees.

PART 3

PROVISIONS RELATING TO REVOCABLE TRUSTS

633.3101    Competency to create, revoke, or modify a revocable trust.
633.3102    Revocation or modification.
633.3103    Other rights of settlor.
633.3104    Creditor claims against revocable trust.
633.3105    Rights of and creditor claims against holder of general power of appointment.
633.3106    Children born or adopted after execution of a revocable trust.
633.3107    Effect of divorce or dissolution.
633.3108    Limitation on contest of revocable trust.
633.3109    Notice to creditors, heirs, spouse, and beneficiaries.
633.3110    Rights of trustee regarding claims in a probate administration.
633.3111    Trustee's liability for distributions.

PART 4

TRUST ADMINISTRATION

SUBPART A

OFFICE OF TRUSTEE

633.4101    Acceptance or declination to serve as trustee.
633.4102    Trustee's bond.
633.4103    Actions by cotrustees.
633.4104    Vacancy in office of trustee.
633.4105    Filling vacancy.
633.4106    Resignation of trustee.
633.4107    Removal of trustee.
633.4108    Delivery of property by former trustee.
633.4109    Compensation of trustee.
633.4110    Repayment for expenditures.
633.4111    Notice of increased trustee's fee.

SUBPART B

FIDUCIARY DUTIES OF TRUSTEE

633.4201    Duty to administer trust--alteration by terms of trust.
633.4202    Duty of loyalty--impartiality--confidential relationship.
633.4203    Standard of prudence.
633.4204    Costs of administration.
633.4205    Special skills.
633.4206    Delegation.
633.4207    Directory powers.
633.4208    Cotrustees.
633.4209    Control and safeguarding of trust property.
633.4210    Separation and identification of trust property.
633.4211    Enforcement and defense of claims and actions.
633.4212    Prior fiduciaries.
633.4213    Duty to inform and account.
633.4214    Duties with regard to discretionary powers.

SUBPART C

UNIFORM PRUDENT INVESTOR ACT

633.4301    Short title.
633.4302    Standard of care--portfolio strategy--risk and return objectives.
633.4303    Diversification.
633.4304    Duties at inception of trusteeship.
633.4305    Loyalty.
633.4306    Impartiality.
633.4307    Investment costs.
633.4308    Reviewing compliance.
633.4309    Language invoking prudent investor rule.

SUBPART D

POWERS OF TRUSTEES

633.4401 General powers--fiduciary duties.
633.4402 Specific powers of trustees.

SUBPART E

LIABILITY OF TRUSTEES TO BENEFICIARIES

633.4501    Violations of duties--breach of trust.
633.4502    Breach of trust--actions.
633.4503    Breach of trust--liability.
633.4504    Limitation of action against trustee.
633.4505    Exculpation of trustee.
633.4506    Beneficiary's consent, release, or affirmance--nonliability of trustee.

SUBPART F

RIGHTS OF THIRD PARTIES

633.4601    Personal liability--limitations.
633.4602    Dissenting cotrustees.
633.4603    Obligations of third parties.
633.4604    Certification of trust.
633.4605    Liability for wrongful taking, concealing, or disposing of trust property.

SUBPART G

TRUST CONSTRUCTION

633.4701 Survivorship with respect to future interests under terms of trust--substitute takers.

PART 5

CHARITABLE TRUSTS

633.5101    Charitable purposes.
633.5102    Application of cy-pres.
633.5103    Trust with uneconomically low value.
633.5104    Interested persons--proceedings.

PART 6

PROCEEDINGS CONCERNING TRUSTS

SUBPART A

JURISDICTION AND VENUE

633.6101    Subject matter jurisdiction.
633.6102    Principal place of administration of trust.
633.6103    Jurisdiction over trustees and beneficiaries.
633.6104    County of venue.
633.6105    Transfer of jurisdiction.

SUBPART B

JUDICIAL PROCEEDINGS CONCERNING TRUSTS

633.6201 Judicial intervention intermittent.
633.6202 Petitions--purposes of proceedings.

SUBPART C

SETTLEMENT AGREEMENTS AND REPRESENTATION

633.6301    Definition and applicability.
633.6302    Representation by holders of powers.
633.6303    Representation by fiduciaries and parents.
633.6304    Representation by holders of similar interests.
633.6305    Notice of judicial settlement.
633.6306    Appointment of guardian ad litem.
633.6307    Appointment of special representative.

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