2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.4105 - FILLING VACANCY.

        633A.4105  FILLING VACANCY.
         1.  A trustee must be appointed to fill a vacancy in the office of
      the trustee only if the trust has no trustee or the terms of the
      trust require a vacancy in the office of cotrustee to be filled.
         2.  A vacancy in the office of trustee shall be filled according
      to the following:
         a.  By the person named in or nominated pursuant to the method
      specified by the terms of the trust.
         b.  If the terms of the trust do not name a person or specify
      a method for filling the vacancy, or if the person named or nominated
      pursuant to the method specified fails to accept, one of the
      following methods shall be used:
         (1)  By majority vote of all qualified beneficiaries, who are
      adults, and the representative of any minor or incompetent qualified
      beneficiary as provided in section 633A.6303.
         (2)  By a person appointed by the court on petition of an
      interested person or of a person named as trustee by the terms of the
      trust.  The court, in selecting a trustee, shall consider any
      nomination made by the adult beneficiaries and representatives of any
      minor and incompetent beneficiaries as designated in section
      633A.6303.  

         99 Acts, ch 125, §40, 109; 2000 Acts, ch 1150, §22
         C2001, §633.4105
         2002 Acts, ch 1107, §6, 7; 2003 Acts, ch 44, §103; 2003 Acts, ch
      95, §12; 2005 Acts, ch 38, §54, 55
         CS2005, §633A.4105