reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.5 - Origination of registration in beneficiary form.

633D.5 Origination of registration in beneficiary form.
A security, whether evidenced by a certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
97 Acts, ch 178, §21
CS97, §633.804
2005 Acts, ch 38, §53
CS2005, §633D.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.6 - Form of registration in beneficiary form.

633D.6 Form of registration in beneficiary form.
Registration in beneficiary form may be shown by any of the following, appearing after the name of the registered owner and before the name of a beneficiary:
1. The words “transfer on death” or the abbreviation “TOD”.
2. The words “pay on death” or the abbreviation “POD”.
97 Acts, ch 178, §22
CS97, §633.805
2005 Acts, ch 38, §53
CS2005, §633D.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.7 - Effect of registration in beneficiary form.

633D.7 Effect of registration in beneficiary form.
The designation of a transfer on death or pay on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all surviving owners without the consent of the beneficiary.
97 Acts, ch 178, §23
CS97, §633.806
2005 Acts, ch 38, §53
CS2005, §633D.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.8 - Claims against a beneficiary of a transfer on death security registration.

633D.8 Claims against a beneficiary of a transfer on death security registration.
1. If other assets of the estate of a deceased owner are insufficient to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children, a transfer at death of a security registered in beneficiary form is not effective against the estate of the deceased sole owner, or if multiple owners, against the estate of the last owner to die, to the extent needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children.
2. A beneficiary of a transfer on death security registration under this chapter is liable to account to the personal representative of the deceased owner for the value of the security as of the time of the deceased owner’s death to the extent necessary to discharge debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children. A proceeding against a beneficiary to assert liability shall not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a minor child of the deceased owner.
3. An action for an accounting under this section must be commenced within two years after the death of the owner.
4. A beneficiary against whom a proceeding is brought may elect to transfer to the personal representative the security registered in the name of the beneficiary if the beneficiary still owns the security, or the net proceeds received by the beneficiary upon disposition of the security by the beneficiary. Such transfer fully discharges the beneficiary from all liability under this section.
5. A beneficiary against whom a proceeding for an accounting is brought may join as a party to the proceeding a beneficiary of any other security registered in beneficiary form by the deceased owner.
6. Amounts recovered by the personal representative with respect to a security shall be administered as part of the deceased owner’s estate.
7. A district court in this state shall have subject matter jurisdiction over a claim against a designated beneficiary brought by the decedent’s personal representative or by a claimant to an interest in a security registered under this chapter. Any provision in a security registration form restricting jurisdiction over a claim, or restricting a choice of forum, to a forum outside this state is void.
8. In an action for an accounting brought under this section, where the deceased owner was domiciled in this state, the laws of this state shall apply.
97 Acts, ch 178, §24
CS97, §633.807
2005 Acts, ch 38, §52, 53
CS2005, §633D.8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.9 - Death of the owner.

633D.9 Death of the owner.
On the death of a sole owner or on the death of the sole surviving owner of multiple owners, the ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. A registering entity shall provide notice to the department of revenue of all reregistrations made pursuant to this chapter. The notice shall include the name, address, and social security number of the decedent and all transferees. Until the division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of multiple owners.
97 Acts, ch 178, §25
CS97, §633.808
2003 Acts, ch 145, §286; 2005 Acts, ch 38, §52, 53
CS2005, §633D.9
Referred to in §633D.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.10 - Protection of registering entity.

633D.10 Protection of registering entity.
1. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections provided to the registering entity by this chapter.
2. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration in beneficiary form shall be implemented on the death of the deceased owners as provided in this chapter.
3. a. A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if the registering entity registers a transfer of the security in accordance with section 633D.9 and does so in good faith reliance on all of the following:
(1) The registration.
(2) The provisions of this chapter.
(3) Information provided by affidavit of the personal representative of the deceased owner, the surviving beneficiary, or the surviving beneficiary’s representative, or other information available to the registering entity.
b. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.
4. The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the transferred security, its value, or its proceeds.
97 Acts, ch 178, §26
CS97, §633.809
2005 Acts, ch 38, §52, 53, 55
CS2005, §633D.10
2013 Acts, ch 30, §261
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.11 - Nontestamentary transfer on death.

633D.11 Nontestamentary transfer on death.
1. A transfer on death resulting from a registration in beneficiary form shall be effective by reason of the contract regarding the registration between the owner and the registering entity under the provisions of this chapter, and is not testamentary.
2. The provisions of this chapter do not limit the rights of creditors or security owners against beneficiaries and other transferees under other laws of this state.
97 Acts, ch 178, §27
CS97, §633.810
2005 Acts, ch 38, §52, 53
CS2005, §633D.11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.12 - Terms, conditions, and forms for registration.

633D.12 Terms, conditions, and forms for registration.
1. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which the registering entity receives requests for either of the following:
a. Registration in beneficiary form.
b. Implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer on death or pay on death beneficiary designations and requests for reregistration to effect a change of beneficiary.
2. a. The terms and conditions established by the registering entity may provide for proving death, avoiding or resolving problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the beneficiary the letters “LDPS” standing for “lineal descendants per stirpes”. This designation shall substitute a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to survive, with the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
b. The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: OWNER’S NAME transfer on death (TOD) or pay on death (POD) to BENEFICIARY’S NAME.
(2) Multiple owners-sole beneficiary: OWNERS’ NAMES, as joint tenants or tenants in the entirety, transfer on death (TOD) or pay on death (POD) to BENEFICIARY’S NAME.
(3) Multiple owners-primary and secondary (substituted) beneficiaries: OWNERS’ NAMES as joint tenants or tenants in the entirety, transfer on death (TOD) or pay on death (POD) to BENEFICIARY’S NAME, or lineal descendants per stirpes.
97 Acts, ch 178, §28
CS97, §633.811
2005 Acts, ch 38, §53
CS2005, §633D.12
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.1 - Short title.

633E.1 Short title.
This chapter shall be known and may be cited as the “Iowa Uniform Disclaimer of Property Interest Act”.
2004 Acts, ch 1015, §8
C2005, §633.901
2005 Acts, ch 38, §52, 53
CS2005, §633E.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.2 - Definitions.

633E.2 Definitions.
For purposes of this chapter, the following definitions shall apply:
1. “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
2. “Disclaimed interest” means the interest the disclaimant refuses to accept that would have passed to the disclaimant had the disclaimer not been made.
3. “Disclaimer” means the refusal to accept an interest in or power over property.
4. “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
5. “Jointly held property” means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
6. “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
7. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes any Indian tribe or band, or Alaskan village, recognized by federal law or formally acknowledged by a state.
8. “Trust” means any of the following:
a. An express trust, charitable or noncharitable, with additions thereto, whenever and however created.
b. A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
2004 Acts, ch 1015, §9
C2005, §633.902
2005 Acts, ch 38, §52, 53
CS2005, §633E.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.3 - Scope.

633E.3 Scope.
This chapter applies to disclaimers of any interest in or power over property, whenever and however created.
2004 Acts, ch 1015, §10
C2005, §633.903
2005 Acts, ch 38, §52, 53
CS2005, §633E.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.4 - Tax qualified disclaimer.

633E.4 Tax qualified disclaimer.
Except as provided in sections 633E.13 and 633E.15, notwithstanding any other provision of this chapter, any disclaimer or transfer that meets the requirements of section 2518 of the Internal Revenue Code, and the regulations promulgated thereunder, for the purpose of being a tax qualified disclaimer with the effect that the disclaimed or transferred interest is treated as never having been transferred to the disclaimant is effective as a disclaimer under this chapter. For purposes of this section, “Internal Revenue Code” means the same as defined in section 422.3.
2004 Acts, ch 1015, §11
C2005, §633.904
2005 Acts, ch 38, §52, 53
CS2005, §633E.4
2010 Acts, ch 1020, §1
Referred to in §633E.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.5 - Power to disclaim — general requirements — when irrevocable.

633E.5 Power to disclaim — general requirements — when irrevocable.
1. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whenever and however acquired. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
2. Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, or a disclaimer by a fiduciary would be a breach of trust, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
3. To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 633E.12. In this subsection, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
4. A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
5. A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 633E.12 or when it becomes effective as provided in sections 633E.6 through 633E.11, whichever occurs later.
6. A disclaimer made under this chapter is not a transfer, assignment, or release.
2004 Acts, ch 1015, §12
C2005, §633.905
2005 Acts, ch 3, §106; 2005 Acts, ch 38, §52, 53, 55
CS2005, §633E.5
Referred to in §249A.3, 633.642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.6 - Effect of disclaimer of interest in property.

633E.6 Effect of disclaimer of interest in property.
1. As used in this section:
a. “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
b. “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.
2. Except for a disclaimer governed by section 633E.7 or 633E.8, the following rules apply to a disclaimer of an interest in property:
a. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.
b. The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
c. If the instrument does not contain a provision described in paragraph “b”, the following rules shall apply:
(1) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(2) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
d. Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant of the preceding interest is not accelerated in possession or enjoyment.
e. For purposes of this section, if an individual disclaims a future interest not held in trust, the disclaimed future interest passes as if that interest had been held in trust.
2004 Acts, ch 1015, §13
C2005, §633.906
2005 Acts, ch 38, §53, 55
CS2005, §633E.6
Referred to in §633E.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.7 - Disclaimer of rights of survivorship in jointly held property.

633E.7 Disclaimer of rights of survivorship in jointly held property.
1. Upon the death of a holder of jointly held property, either of the following may occur:
a. If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contribution without the consent of any other holder, a surviving holder may disclaim, in whole or in part, a fractional share of that portion of the property attributable to the deceased holder’s contributions determined by dividing the number one by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.
b. For all other jointly held property, a surviving holder may disclaim, in whole or in part, a fraction of the whole of the property the numerator of which is one and the denominator of which is the product of the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates multiplied by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.
2. A disclaimer under subsection 1 takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
3. An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
4. A noncitizen spouse who is a surviving joint tenant of real property interests created after July 13, 1988, can disclaim the spouse’s interest to the full extent permitted under section 633E.4.
2004 Acts, ch 1015, §14
C2005, §633.907
2005 Acts, ch 38, §53
CS2005, §633E.7
2010 Acts, ch 1020, §2, 3
Referred to in §633E.5, 633E.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.8 - Disclaimer of interest by trustee.

633E.8 Disclaimer of interest by trustee.
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
2004 Acts, ch 1015, §15
C2005, §633.908
2005 Acts, ch 38, §53
CS2005, §633E.8
Referred to in §633E.5, 633E.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.9 - Disclaimer of power of appointment or other power not held in fiduciary capacity.

633E.9 Disclaimer of power of appointment or other power not held in fiduciary capacity.
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules shall apply:
1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
2. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
3. The instrument creating the power is construed as if the power expired when the disclaimer became effective.
2004 Acts, ch 1015, §16
C2005, §633.909
2005 Acts, ch 38, §53
CS2005, §633E.9
Referred to in §633E.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.10 - Disclaimer by appointee, object, or taker in default of exercise of power of appointment.

633E.10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
1. For purposes of this section, all of the following rules shall apply:
a. An appointee is a person to whom a holder of a power has effectively appointed the property subject to the power.
b. An object of a power is a person to whom a holder of a power may appoint the property subject to the power sometime in the future.
c. A taker in default of the exercise of a power of appointment is a person designated by the person creating the power in the holder to take the property subject to the power if the power has not been effectively exercised.
2. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
3. A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
2004 Acts, ch 1015, §17
C2005, §633.910
2005 Acts, ch 38, §53
CS2005, §633E.10
Referred to in §633E.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.11 - Disclaimer of power held in fiduciary capacity.

633E.11 Disclaimer of power held in fiduciary capacity.
1. If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
3. A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
2004 Acts, ch 1015, §18
C2005, §633.911
2005 Acts, ch 38, §53
CS2005, §633E.11
Referred to in §633E.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.13 - When disclaimer barred or limited.

633E.13 When disclaimer barred or limited.
1. A disclaimer is barred by a written waiver of the right to disclaim.
2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
a. The disclaimant accepts the interest sought to be disclaimed.
b. The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so.
c. A judicial sale of the interest sought to be disclaimed occurs.
3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
5. A disclaimer is barred or limited if so provided by law other than this chapter, except as provided in subsection 7.
6. A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
7. A disclaimer may be made at any time unless otherwise barred and any other law that would bar a disclaimer due to the passage of time shall not apply under this chapter.
2004 Acts, ch 1015, §20
C2005, §633.913
2005 Acts, ch 38, §52, 53
CS2005, §633E.13
2010 Acts, ch 1020, §4, 5
Referred to in §633E.4, 633E.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.14 - Chapter supplemented by other law.

633E.14 Chapter supplemented by other law.
1. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
2. This chapter does not limit any right of a person to disclaim an interest in or power over property under a statute other than this chapter.
2004 Acts, ch 1015, §21
C2005, §633.914
2005 Acts, ch 38, §52, 53
CS2005, §633E.14
2010 Acts, ch 1020, §6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.15 - Medical assistance eligibility.

633E.15 Medical assistance eligibility.
A disclaimer of any property, interest, or right pursuant to the provisions of this chapter constitutes a transfer of assets for the purpose of determining eligibility for medical assistance under chapter 249A in an amount equal to the value of the property, interest, or right disclaimed.
2004 Acts, ch 1015, §22
C2005, §633.915
2005 Acts, ch 38, §52, 53
CS2005, §633E.15
Referred to in §633E.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.16 - Application to existing relationship.

633E.16 Application to existing relationship.
Except as otherwise provided in section 633E.13, an interest in or power over property existing on July 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2004.
2004 Acts, ch 1015, §23
C2005, §633.916
2005 Acts, ch 38, §52, 53, 55
CS2005, §633E.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT › Section 633E.17 - Severability.

633E.17 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application, and to this end, the provisions of the chapter are severable.
2004 Acts, ch 1015, §24
C2005, §633.917
2005 Acts, ch 38, §52, 53
CS2005, §633E.17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.2 - Custodial trust — general.

633F.2 Custodial trust — general.
1. A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under this chapter.
2. A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
3. Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
4. Except as provided in subsection 5, a transferor shall not terminate a custodial trust.
5. The beneficiary, if not incapacitated, or the legal representative of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or legal representative declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
6. Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter, only upon receipt and acceptance by the custodial trustee.
7. The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
8. This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
2021 Acts, ch 8, §2
Referred to in §633F.13, 633F.18
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.3 - Custodial trustee for future payment or transfer.

633F.3 Custodial trustee for future payment or transfer.
1. A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by:
“as custodial trustee for __________________ (name of beneficiary) under the Iowa Uniform Custodial Trust Act”.
2. Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
3. A designation under this section may be made in a will, a trust, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
2021 Acts, ch 8, §3
Referred to in §633F.5, 633F.13, 633F.15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.4 - Form and effect of receipt and acceptance by custodial trustee — jurisdiction.

633F.4 Form and effect of receipt and acceptance by custodial trustee — jurisdiction.
1. Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee’s acceptance, express or implied, of the custodial trust property.
2. The custodial trustee’s acceptance may be evidenced by a writing stating in substance:
CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
I, _______ (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for __________________ (name of beneficiary) under the Iowa Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Iowa Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of _____________________________.
Dated: _____________________________
Signed: _____________________________
(signature of custodial trustee)
3. Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
2021 Acts, ch 8, §4; 2021 Acts, ch 174, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.5 - Transfer to custodial trustee by fiduciary or obligor — facility of payment.

633F.5 Transfer to custodial trustee by fiduciary or obligor — facility of payment.
1. Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 633F.3, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual may make a transfer to a beneficiary’s legal representative and if none, to a member of the beneficiary’s family, or a trust company, as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds fifty thousand dollars, the transfer is not effective unless authorized by the court.
2. A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
2021 Acts, ch 8, §5
Referred to in §633F.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.6 - Single beneficiaries — separate trust accounts.

633F.6 Single beneficiaries — separate trust accounts.
1. Beneficial interests in a custodial trust shall not be created for multiple beneficiaries.
2. All custodial trust property held under this chapter by the same custodial trustee for the use and benefit of a single beneficiary may be administered as a single custodial trust.
2021 Acts, ch 8, §6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.7 - General duties of custodial trustee.

633F.7 General duties of custodial trustee.
1. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
2. If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the prudent investment standards set forth in section 633.123. However, a custodial trustee, in the custodial trustee’s discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
3. Subject to subsection 2, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
4. A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance:
“as custodial trustee for __________________ (name of beneficiary) under the Iowa Uniform Custodial Trust Act”.
5. A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
6. The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
2021 Acts, ch 8, §7
Referred to in §633F.8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.8 - General powers of custodial trustee.

633F.8 General powers of custodial trustee.
1. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
2. This section does not relieve a custodial trustee from liability for a violation of section 633F.7.
2021 Acts, ch 8, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.9 - Use of custodial trust property.

633F.9 Use of custodial trust property.
1. A custodial trustee shall pay to the beneficiary or expend for the beneficiary’s use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
2. If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
3. To facilitate distributions to the beneficiary, a custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary, if authorized, may withdraw funds from, or draw checks against, the accounts in amounts authorized by the custodian. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
2021 Acts, ch 8, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.10 - Determination of incapacity — effect.

633F.10 Determination of incapacity — effect.
1. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary in any of the following circumstances:
a. The custodial trust was created under section 633F.5.
b. The transferor has so directed in the instrument creating the custodial trust.
c. The custodial trustee has determined that the beneficiary is incapacitated.
2. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon any of the following:
a. Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.
b. Written documentation from the beneficiary’s physician.
c. Other persuasive evidence.
3. If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary’s incapacity has ceased, or that circumstances concerning the beneficiary’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
4. On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
5. Absent determination of incapacity of the beneficiary under subsection 2 or 4, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.
6. Incapacity of a beneficiary does not terminate the custodial trust, any designation of a successor custodial trustee, rights or powers of the custodial trustee, or any immunities of third persons acting on instructions of the custodial trustee.
2021 Acts, ch 8, §10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.12 - Liability to third person.

633F.12 Liability to third person.
1. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
2. A custodial trustee is not personally liable to a third person for any of the following:
a. On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract.
b. For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
3. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
4. Subsections 2 and 3 do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
2021 Acts, ch 8, §12
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.14 - Expenses, compensation, and bond of custodial trustee.

633F.14 Expenses, compensation, and bond of custodial trustee.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, all of the following are true:
1. A custodial trustee is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services.
2. A custodial trustee has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year.
3. A custodial trustee need not furnish a bond or other security for the faithful performance of fiduciary duties.
2021 Acts, ch 8, §14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633F - IOWA UNIFORM CUSTODIAL TRUST ACT › Section 633F.15 - Reporting and accounting by custodial trustee — determination of liability of custodial trustee.

633F.15 Reporting and accounting by custodial trustee — determination of liability of custodial trustee.
1. Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property as follows:
a. Once each year.
b. Upon request at reasonable times, but not more than quarterly during any calendar year, by the beneficiary or the beneficiary’s legal representative.
c. Upon resignation or removal of the custodial trustee.
d. Upon termination of the custodial trust.
2. The statements must be provided to the beneficiary or to the beneficiary’s legal representative, if any. Upon termination of the beneficiary’s interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
3. A substitute or successor custodial trustee designated under section 633F.3, a beneficiary, the beneficiary’s legal representative, a member of the beneficiary’s family, or a person interested in the custodial trust property may petition the court for an accounting by the custodial trustee or the custodial trustee’s legal representative.
4. A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
5. In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee’s legal representative to account. The custodial trustee or the custodial trustee’s legal representative may petition the court for approval of final accounts.
6. If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
7. On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
2021 Acts, ch 8, §15