reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.662 - Claims not filed.

633.662 Claims not filed.
The conservator may pay any valid claim against the estate of the ward even though such claim has not been filed, but all such payments made by the conservator shall be at the conservator’s own peril.
[C66, 71, 73, 75, 77, 79, 81, §633.662]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.663 - Waiver of statute of limitations by conservator.

633.663 Waiver of statute of limitations by conservator.
It shall be within the discretion of the conservator to determine whether or not the applicable statute of limitation shall be invoked to bar a claim which the conservator believes to be just, and the conservator’s decision as to the invoking of such statute shall be final.
[C66, 71, 73, 75, 77, 79, 81, §633.663]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.664 - Liens not affected by failure to file claim.

633.664 Liens not affected by failure to file claim.
Nothing in sections 633.654 and 633.658 shall affect or prevent an action or proceeding to enforce any mortgage, pledge, or other lien upon the property of the ward.
[C66, 71, 73, 75, 77, 79, 81, §633.664]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.665 - Separate actions and claims.

633.665 Separate actions and claims.
1. Any action pending against the ward at the time the conservator is appointed shall also be considered a claim filed in the conservatorship if notice of substitution is served on the conservator as defendant and a duplicate of the proof of service of notice of such proceeding is filed in the conservatorship proceeding.
2. A separate action based on a debt or other liability of the ward may be commenced against the conservator in lieu of filing a claim in the conservatorship. Such an action shall be commenced by serving an original notice on the conservator and filing a duplicate of the proof of service of notice of such proceeding in the conservatorship proceeding. Such an action shall also be considered a claim filed in the conservatorship. Such an action may be commenced only in a county where the venue would have been proper if there were no conservatorship and the action had been commenced against the ward.
[C66, 71, 73, 75, 77, 79, 81, §633.665]
2019 Acts, ch 24, §89
Referred to in §633.666
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.666 - Denial and contest of claims.

633.666 Denial and contest of claims.
The provisions of sections 633.438 through 633.448 shall be applicable to the denial and contest of claims against conservatorships, but shall not be applicable to actions continued or commenced under section 633.665.
[C66, 71, 73, 75, 77, 79, 81, §633.666]
2019 Acts, ch 59, §221
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.667 - Payment of claims in insolvent conservatorships.

633.667 Payment of claims in insolvent conservatorships.
When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against such conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants the same priority, if any, as they would have if the ward were not under conservatorship.
[R60, §1455; C73, §2278; C97, §3227; C24, 27, 31, 35, 39, §12630; C46, 50, 54, 58, 62, §670.18; C66, 71, 73, 75, 77, 79, 81, §633.667]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.668 - Conservator may make gifts.

633.668 Conservator may make gifts.
For good cause shown and under order of court, a conservator may make gifts on behalf of the ward out of the assets under a conservatorship to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the commencement of the conservatorship, or on a showing to the court that such gifts would benefit the ward or the ward’s estate from the standpoint of income, gift, estate or inheritance taxes. The making of gifts out of the assets must not foreseeably impair the ability to provide adequately for the best interests of the ward.
[C66, 71, 73, 75, 77, 79, 81, §633.668]
85 Acts, ch 29, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.671 - Requirements of report and accounting.

633.671 Requirements of report and accounting.
The report and accounting required by section 633.670 shall account for all of the period since the close of the accounting contained in the next previous report, and shall include the following information as far as applicable:
1. The balance of funds on hand at the close of the last previous accounting, and all amounts received from whatever source during the period covered by the accounting.
2. All disbursements made during the period covered by the accounting.
3. Any changes in investments since the last previous report, including a list of all assets, and recommendations of the conservator for the retention or disposition of any property held by the conservator.
4. The amount of the bond and the name of the surety on it.
5. The residence or physical location of the ward.
6. The general physical and mental condition of the ward.
7. Such other information as shall be necessary to show the condition of the affairs of the conservatorship.
[R60, §2568, 2569; C73, §2254, 2255; C97, §3203, 3204; C24, 27, §12597, 12598; C31, 35, §12597, 12598, 12644-c11; C39, §12597, 12598, 12644.11; C46, 50, 54, 58, 62, §668.24, 668.25, 672.11; C66, 71, 73, 75, 77, 79, 81, §633.671]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.672 - Payment of court costs in conservatorships.

633.672 Payment of court costs in conservatorships.
No order shall be entered approving an annual report of a conservator until the court costs which have been docketed have been paid or provided for. The court may, upon application, enter an order waiving payment of the court costs in indigent cases. However, if the conservatorship subsequently becomes financially capable of paying any waived costs, the conservator shall immediately pay the costs.
[C66, 71, 73, 75, 77, 79, 81, §633.672]
89 Acts, ch 178, §18
Referred to in §633.551
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.673 - Court costs in guardianships.

633.673 Court costs in guardianships.
The ward or the ward’s estate shall be charged with the court costs of a ward’s guardianship, including the guardian’s fees and the fees of the attorney for the guardian. The court may, upon application, enter an order waiving payment of the court costs in indigent cases. However, if the ward or ward’s estate becomes financially capable of paying any waived costs, the costs shall be paid immediately.
[C97, §3222; S13, §3228-f; C24, 27, 31, 35, 39, §12626, 12642; C46, 50, 54, 58, 62, §670.14, 671.11; C66, 71, 73, 75, 77, 79, 81, §633.673]
89 Acts, ch 178, §19
Referred to in §633.551
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.674 - Settlement of accounts.

633.674 Settlement of accounts.
The court shall settle each account filed by a conservator by allowing or disallowing it, either in whole or in part, or by surcharging the account against the conservator.
[C66, 71, 73, 75, 77, 79, 81, §633.674]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.675 - Cause for termination.

633.675 Cause for termination.
1. A guardianship or a conservatorship shall terminate upon the occurrence of any of the following circumstances:
a. If the protected person is a minor, when the protected person reaches full age.
b. The death of the protected person.
c. Upon determination by the court that the conservatorship or guardianship is no longer necessary for any other reason.
2. The court shall terminate a guardianship if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 633.552 has not been established.
3. The court shall terminate a conservatorship if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied.
4. The court shall terminate a conservatorship if it finds by clear and convincing evidence all of the following:
a. The value of the protected person’s property is insufficient to justify the cost of administration.
b. That continued administration of the conservatorship is not in the best interest of the protected person.
c. That a reasonable alternative exists under section 633.678 for managing the protected person’s assets.
5. The standard of proof and the burden of proof to be applied in a termination proceeding shall be the same as set forth in section 633.551, subsection 2.
[S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.675]
97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2; 2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25
Referred to in §633.635, 633.637, 633.669
2019 amendment takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.676 - Assets exhausted.

633.676 Assets exhausted.
At any time that the assets of the ward’s estate do not exceed the amount of the charges and claims against it, the court may direct the conservator to proceed to terminate the conservatorship.
[C46, 50, 54, 58, 62, §668.33; C66, 71, 73, 75, 77, 79, 81, §633.676]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.677 - Accounting to ward — notice.

633.677 Accounting to ward — notice.
Upon the termination of a conservatorship, the conservator shall pay the costs of administration and shall render a full and complete accounting to the ward or the ward’s personal representative and to the court. Notice of the final report of a conservator shall be served on the ward or the ward’s personal representative, in accordance with section 633.40, unless notice is waived. An order prescribing notice may be made before or after the filing of the final report.
[C46, 50, 54, 58, 62, §672.21; C66, 71, 73, 75, 77, 79, 81, §633.677; 81 Acts, ch 193, §6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.678 - Delivery of assets.

633.678 Delivery of assets.
1. Upon the termination of a conservatorship, all assets of the conservatorship shall be delivered as ordered by the court to any of the following:
a. To the person or persons entitled to them.
b. To a custodian under a uniform transfers to minor account established for the protected person pursuant to chapter 565B or the laws of any other state.
c. To a custodial trustee under a uniform custodial trust account established for the protected person pursuant to chapter 633F or the laws of any other state.
d. To an account owner or participant under a college savings plan account established for the protected person pursuant to Internal Revenue Code section 529 or chapter 12D or the laws of any other state.
e. To the account owner under an ABLE account established for the protected person with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I or the laws of any other state.
2. Delivery of the assets of an adult protected person under subsection 1, paragraphs “b” through “e”, shall have the same force and effect as if delivery had been made directly to the person or persons entitled to them. Delivery of the assets of a minor protected person under subsection 1, paragraphs “b” through “e”, shall have the same force and effect as if delivery had been made to the protected person after attaining majority.
[C46, 50, 54, 58, 62, §668.33; C66, 71, 73, 75, 77, 79, 81, §633.678]
2021 Acts, ch 8, §26
Referred to in §633.675
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.679 - Petition to terminate — request for voting rights reinstatement.

633.679 Petition to terminate — request for voting rights reinstatement.
1. At any time after the appointment of a guardian or conservator, the person under guardianship or conservatorship may apply to the court by petition, alleging that the person is no longer a proper subject thereof, and asking that the guardianship or conservatorship be terminated.
2. A person under an order appointing a guardian which order found the person incompetent to vote may include a request for reinstatement of the person’s voting rights in a petition to terminate the guardianship or by filing a separate petition for modification of this determination.
[C97, §3222; C24, 27, 31, 35, 39, §12623; C46, 50, 54, 58, 62, §670.11; C66, 71, 73, 75, 77, 79, 81, §633.679]
89 Acts, ch 178, §20; 98 Acts, ch 1185, §11; 2010 Acts, ch 1143, §4; 2014 Acts, ch 1048, §3; 2019 Acts, ch 56, §42, 44, 45; 2020 Acts, ch 1063, §363
2019 repeal of former subsection 2 is effective January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.680 - Limit on application to terminate.

633.680 Limit on application to terminate.
If any petition for terminating such guardianship or conservatorship shall be denied, no other petition shall be filed therefor until at least six months shall have elapsed since the denial of the former one.
[C97, §3222; C24, 27, 31, 35, 39, §12627; C46, 50, 54, 58, 62, §670.15; C66, 71, 73, 75, 77, 79, 81, §633.680]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.681 - Exhausted or minimal assets of minor protected person.

633.681 Exhausted or minimal assets of minor protected person.
1. When the assets of a minor protected person’s conservatorship are exhausted or consist of personal property only of an aggregate value not in excess of fifty thousand dollars, the court, upon application or upon its own motion, may terminate the conservatorship. The order for termination shall direct the conservator to deliver any property remaining after the payment of allowed claims and expenses of administration to a fiduciary acting under one or more of the following accounts:
a. A uniform transfer to minor account established for the minor pursuant to chapter 565B or the laws of any other state.
b. A uniform custodial trust account established for the minor pursuant to chapter 633F or the laws of any other state.
c. A college savings plan account established for the minor pursuant to Internal Revenue Code section 529 or chapter 12D or the laws of any other state.
d. An ABLE account established for the minor with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I or the laws of any other state.
2. Such delivery shall have the same force and effect as if delivery had been made to the protected person after attaining majority.
[C46, 50, 54, 58, 62, §668.33; C66, 71, 73, 75, 77, 79, 81, §633.681; 82 Acts, ch 1052, §3]
98 Acts, ch 1118, §2; 2005 Acts, ch 38, §30; 2021 Acts, ch 8, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.682 - Discharge of conservator and release of bond.

633.682 Discharge of conservator and release of bond.
Upon settlement of the final accounting of a conservator, and upon determining that the property of the ward has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and exonerate the surety on the conservator’s bond.
[S13, §3228-h; C24, 27, 31, 35, 39, §12644; C46, 50, 54, 58, 62, §671.13, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.682]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.699A - Modification or termination of uneconomical testamentary trust.

633.699A Modification or termination of uneconomical testamentary trust. Repealed by
2005 Acts, ch 38, §50
. See §633.751, 633A.2205, 633A.5103.
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.700 - Short title.

633.700 Short title.
This subchapter shall be known and may be cited as the “Iowa Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act”.
2010 Acts, ch 1086, §1, 24, 25; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.702 - International application.

633.702 International application.
A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part and parts 2, 3, and 5.
2010 Acts, ch 1086, §3, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.703 - Communication between courts.

633.703 Communication between courts.
1. A court of this state may communicate with a court in another state concerning a proceeding arising under this subchapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
2. Communication between courts concerning schedules, calendars, court records, and other administrative matters may occur without making a record.
2010 Acts, ch 1086, §4, 24, 25; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.704 - Cooperation between courts.

633.704 Cooperation between courts.
1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
a. Hold an evidentiary hearing.
b. Order a person in the other state to produce evidence or give testimony pursuant to procedures of that state.
c. Order that an evaluation or assessment be made of the respondent.
d. Order any appropriate investigation of a person involved in a proceeding.
e. Forward to the court of this state a certified copy of the transcript or other record of the hearing pursuant to paragraph “a” or any other proceeding, the evidence otherwise produced pursuant to paragraph “b”, and any evaluation or assessment prepared in compliance with an order pursuant to paragraph “c” or “d”.
f. Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent.
g. Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in
45 C.F.R. §164.504, as amended
.
2. If a court of another state in which a guardianship or protective proceeding is pending requests the assistance described in subsection 1, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
2010 Acts, ch 1086, §5, 24, 25; 2013 Acts, ch 90, §178
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.705 - Taking testimony in another state.

633.705 Taking testimony in another state.
1. In addition to other procedures that may be available in a guardianship or protective proceeding, the testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
2. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule.
2010 Acts, ch 1086, §6, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.706 - Definitions.

633.706 Definitions.
As used in this part, unless the context otherwise requires:
1. “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.
2. “Home state” means either of the following:
a. The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian.
b. The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of a petition for a protective order or the appointment of a guardian.
3. “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
2010 Acts, ch 1086, §7, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.707 - Significant connection factors.

633.707 Significant connection factors.
In determining whether a respondent has a significant connection with a particular state, the court shall consider all of the following:
1. The location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding.
2. The length of time the respondent at any time was physically present in the state and the duration of any absence.
3. The location of the respondent’s property.
4. The extent to which the respondent has ties to the state such as voter registration, state or local tax return filing, vehicle registration, driver’s license, social relationships, and receipt of services.
2010 Acts, ch 1086, §8, 24, 25; 2011 Acts, ch 25, §75
Referred to in §633.716
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.709 - Jurisdiction.

633.709 Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply:
1. This state is the respondent’s home state.
2. This state is a significant-connection state and, on the date the petition is filed, any of the following apply:
a. The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following apply:
(1) A petition for an appointment or order is not filed in the respondent’s home state.
(2) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
(3) The court in this state concludes that it is an appropriate forum under the factors set forth in section 633.712.
3. Either of the following apply:
a. This state does not have jurisdiction under either subsection 1 or 2, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitution of the State of Iowa and the Constitution of the United States.
b. The requirements for special jurisdiction under section 633.710 are met.
2010 Acts, ch 1086, §10, 24, 25
Referred to in §633.710, 633.712, 633.713, 633.715
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.710 - Special jurisdiction.

633.710 Special jurisdiction.
1. A court of this state lacking jurisdiction under section 633.709 has special jurisdiction to do any of the following:
a. Appoint a guardian in an emergency for a period not to exceed ninety days for a respondent who is physically present in this state.
b. Issue a protective order with respect to real or tangible personal property located in this state.
c. Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 633.716.
2. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
2010 Acts, ch 1086, §11, 24, 25
Referred to in §633.709, 633.711, 633.715
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.711 - Exclusive and continuing jurisdiction.

633.711 Exclusive and continuing jurisdiction.
Except as otherwise provided in section 633.710, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until terminated by the court or the appointment or order expires by its own terms.
2010 Acts, ch 1086, §12, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.712 - Appropriate forum.

633.712 Appropriate forum.
1. A court of this state with jurisdiction under section 633.709 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
2. If a court of this state declines to exercise its jurisdiction under subsection 1, the court shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
3. In determining whether it is an appropriate forum, the court shall consider all of the following:
a. Any expressed preference of the respondent.
b. Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation.
c. The length of time the respondent was physically present in or was a legal resident of this state or another state.
d. The distance of the respondent from the court in each state.
e. The financial circumstances of the respondent’s estate.
f. The nature and location of the evidence.
g. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
h. The familiarity of the court of each state with the facts and issues in the proceeding.
i. If an appointment were to be made, the court’s ability to monitor the conduct of the guardian or conservator.
2010 Acts, ch 1086, §13, 24, 25
Referred to in §633.709, 633.713
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.713 - Jurisdiction declined by reason of conduct.

633.713 Jurisdiction declined by reason of conduct.
If at any time a court of this state determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may do any of the following:
1. Decline to exercise jurisdiction.
2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.
3. Continue to exercise jurisdiction after considering all of the following:
a. The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction.
b. Whether it is a more appropriate forum than the court of any other state under the factors set forth in section 633.712.
c. Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 633.709.
4. If a court of this state determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, the court may assess necessary and reasonable expenses against that party, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court shall not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this subchapter.
2010 Acts, ch 1086, §14, 24, 25; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.714 - Notice of proceeding.

633.714 Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state. The notice must be given in the same manner as notice is required to be given in this state.
2010 Acts, ch 1086, §15, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.715 - Proceedings in more than one state.

633.715 Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 633.710, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
1. If the court in this state has jurisdiction under section 633.709, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 633.709 before the appointment or issuance of the order.
2. If the court in this state does not have jurisdiction under section 633.709, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
2010 Acts, ch 1086, §16, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.716 - Transfer of guardianship or conservatorship to another state.

633.716 Transfer of guardianship or conservatorship to another state.
1. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
2. Notice of a petition under subsection 1 shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
3. On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection 1.
4. The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds all of the following:
a. The incapacitated person is physically present in or is reasonably expected to move permanently to the other state.
b. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person.
c. Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
5. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds all of the following:
a. The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 633.707.
b. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person.
c. Adequate arrangements will be made for management of the protected person’s property.
6. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of all of the following:
a. A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 633.717.
b. The documents required to terminate a guardianship or conservatorship in this state.
2010 Acts, ch 1086, §17, 24, 25
Referred to in §633.710, 633.717
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.718 - Registration of guardianship orders.

633.718 Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
2010 Acts, ch 1086, §19, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.719 - Registration of protective orders.

633.719 Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
2010 Acts, ch 1086, §20, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.720 - Effect of registration.

633.720 Effect of registration.
1. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
2. A court of this state may grant any relief available under this subchapter and other law of this state to enforce a registered order.
2010 Acts, ch 1086, §21, 24, 25; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.721 - Uniformity of application and construction.

633.721 Uniformity of application and construction.
In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2010 Acts, ch 1086, §22, 24, 25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.722 - Relation to Electronic Signatures in Global and National Commerce Act.

633.722 Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).
2010 Acts, ch 1086, §23 – 25; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.750 - Powers of trustees.

633.750 Powers of trustees.
Unless it is otherwise provided by the will creating a testamentary trust, the instrument creating an express trust, or by an order or decree duly entered by a court of competent jurisdiction, a trustee shall have all the powers granted a trustee under sections 633A.4401 and 633A.4402. Documents incorporating by reference powers granted a trustee under the probate code or under this section shall be interpreted accordingly, even if the execution or adoption of the instrument creating the trust occurred prior to July 1, 2005.
[C66, 71, 73, 75, 77, 79, 81, §633.699]
97 Acts, ch 158, §45; 2005 Acts, ch 38, §31, 55; 2010 Acts, ch 1086, §25
C2011, §633.750
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.751 - Applicability of law.

633.751 Applicability of law.
The terms of this subchapter, and all other terms of this probate code relating to trusts and trustees, shall apply only to trusts that remain under continuous court supervision pursuant to section 633.10 and to trusts that have not been released from such continuous supervision pursuant to section 633.10. Regarding all such trusts, the terms of this chapter shall supersede any inconsistent terms in the trust code, chapter 633A, and such trusts shall be governed by terms of the trust code, chapter 633A, that are not inconsistent with this probate code.
2005 Acts, ch 38, §32
CS2005, §633.699B
2006 Acts, ch 1010, §156; 2010 Acts, ch 1086, §25
C2011, §633.751
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.752 - Intermediate report of trustees.

633.752 Intermediate report of trustees.
Unless specifically relieved from so doing by the instrument creating the trust or by order of the court, the trustee shall make a written report under oath to the court once each year within ninety days of the close of the reporting period, and more often if required by the court. Such report shall state:
1. The period covered by the report.
2. All changes in beneficiaries since the last previous report.
3. Any changes in investments since the last previous report, including a list of all assets, and recommendations of the trustee for the retention or disposition of any property held by the trustee.
4. A detailed accounting for all cash receipts and disbursements, and for all property of the trust, unless such accounting shall be waived in writing by all beneficiaries.
[C66, 71, 73, 75, 77, 79, 81, §633.700]
2005 Acts, ch 3, §105; 2007 Acts, ch 134, §18, 28; 2008 Acts, ch 1032, §87; 2010 Acts, ch 1086, §25
C2011, §633.752
Referred to in §633.753
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.753 - Final report of trustee.

633.753 Final report of trustee.
Upon the partial or total termination of a trust, or upon the transfer of the trusteeship due to resignation, removal, dissolution, or other disqualification of the trustee of any trust pending in court, the trustee shall make a final report to the court, showing for the period since the filing of the last report the facts required for an intermediate report; provided, however, that unless specifically required by the court to do so, the trustee shall not in any event, be required to report such facts for any period of time as to which the trustee has, under any of the provisions of section 633.752, been expressly relieved from reporting. In any event, the final report of the trustee shall include the following:
1. The name and last known address of each beneficiary.
2. A statement as to those beneficiaries who are known to be minors or under any other legal disability.
3. Distributions made or to be made to each beneficiary at the time of such termination.
[C66, 71, 73, 75, 77, 79, 81, §633.701]
2010 Acts, ch 1086, §25
C2011, §633.753
Referred to in §633.755
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.754 - Notice of application for discharge.

633.754 Notice of application for discharge.
No final report of a trustee of a trust pending in court shall be approved, and no such trustee shall be discharged from further duty or responsibility upon final settlement, until notice of the trustee’s application for discharge shall have been served upon all persons interested, in accordance with section 633.40, unless notice is waived. An order prescribing notice may be made before or after the filing of the final report.
[C66, 71, 73, 75, 77, 79, 81, §633.702]
2010 Acts, ch 1086, §25
C2011, §633.754
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.755 - Discharge.

633.755 Discharge.
Upon final settlement of a trust, an order shall be entered discharging the trustee from further duties and responsibilities. The order approving the final report shall constitute a waiver of the omission from the final report of any of the recitals required in section 633.753.
[C66, 71, 73, 75, 77, 79, 81, §633.703]
2010 Acts, ch 1086, §25
C2011, §633.755
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1101 - Short title.

633A.1101 Short title.
This chapter may be cited as the “Iowa Trust Code” or “Trust Code”.
99 Acts, ch 125, §1, 109
C2001, §633.1101
2005 Acts, ch 38, §52, 54
CS2005, §633A.1101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1103 - Per stirpes rule of descent.

633A.1103 Per stirpes rule of descent.
Unless the trust instrument provides otherwise, all gifts to multigeneration classes shall be per stirpes.
99 Acts, ch 125, §3, 109
C2001, §633.1103
2005 Acts, ch 38, §54
CS2005, §633A.1103
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1104 - Common law of trusts.

633A.1104 Common law of trusts.
Except to the extent that this chapter modifies the common law governing trusts, the common law of trusts shall supplement this trust code.
99 Acts, ch 125, §4, 109
C2001, §633.1104
2005 Acts, ch 38, §52, 54
CS2005, §633A.1104
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1105 - Trust terms control.

633A.1105 Trust terms control.
The terms of a trust shall always control and take precedence over any section of this trust code to the contrary. If a term of the trust modifies or makes any section of this trust code inapplicable to the trust, the common law shall apply to any issues raised by such term.
99 Acts, ch 125, §5, 109
C2001, §633.1105
2003 Acts, ch 95, §7; 2004 Acts, ch 1015, §26; 2005 Acts, ch 38, §54
CS2005, §633A.1105
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1106 - General rule concerning application of the Iowa trust code.

633A.1106 General rule concerning application of the Iowa trust code.
1. This trust code applies to all trusts within the scope of this trust code, regardless of whether the trust was created before, on, or after July 1, 2000, except as otherwise stated in this trust code.
2. This trust code applies to all proceedings concerning trusts within the scope of this trust code commenced on or after July 1, 2000.
3. This trust code applies to all trust proceedings commenced before July 1, 2000, unless the court finds that application of a particular provision of this trust code would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons. In that case, the particular provision of this trust code at issue shall not apply, and the court shall apply prior law.
99 Acts, ch 125, §6, 109
C2001, §633.1106
2005 Acts, ch 38, §54
CS2005, §633A.1106
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1107 - Scope of trust code.

633A.1107 Scope of trust code.
1. Except as otherwise provided in subsection 2, this trust code shall apply to trusts, as defined in section 633A.1102, that are intentionally created, or deemed to be intentionally created, by individuals and other entities.
2. With regard to trusts described in section 633.10 that have not been judicially released from continuous court supervision, this trust code shall apply only to the extent not inconsistent with the relevant provisions of chapter 633. With regard to all other trusts defined in section 633A.1102, the terms of chapter 633 shall be inapplicable, and the terms of this trust code shall prevail over any inconsistent provisions of Iowa law.
99 Acts, ch 125, §7, 109
C2001, §633.1107
2005 Acts, ch 38, §36, 54, 55
CS2005, §633A.1107
See also §633.10 and 633.751