2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.6105 - TRANSFER OF JURISDICTION.

        633A.6105  TRANSFER OF JURISDICTION.
         1.  The court may transfer the place of administration of a trust
      to or from this state or transfer some or all of the trust property
      to a trustee in or outside this state if it finds that the transfer
      of the trust property to a trustee in this or another jurisdiction,
      or the transfer of the place of administration of a trust to this or
      another jurisdiction, will promote the best interests of the trust
      and those interested in it, taking into account the economical and
      convenient administration of the trust and the views of the qualified
      beneficiaries.
         2.  A new trustee to whom the trust property is to be transferred
      shall be qualified, willing, and able to administer the trust or
      trust property under the terms of the trust.
         3.  If the trust or any portion of the trust property is
      transferred to another jurisdiction and if approval of the transfer
      by the other court is required under the law of the other
      jurisdiction, the proper court in the other jurisdiction must have
      approved the transfer in order for the transfer to be effective.
         4.  If a transfer is ordered, the court may direct the manner of
      transfer and impose terms and conditions as may be just, including a
      requirement for the substitution of a successor trustee in any
      pending litigation in this state.  A delivery of property in
      accordance with the order of the court is a full discharge of the
      trustee with respect to all property specified in the order.
         5.  If the court grants a petition to transfer a trust or trust
      property to this state, the court shall require the trustee to give a
      bond, if necessary under the law of the other jurisdiction or of this
      state, and may require bond as provided in section 633A.4102.
         6.  Without precluding the right of the court to order, approve,
      or disapprove a transfer, the trustee, in furtherance of the
      trustee's duty to administer the trust at a place appropriate to its
      purpose or administration, and the interests of the beneficiaries,
      may transfer the trust's principal place of administration to another
      state or to a jurisdiction outside the United States.  
         Section History: Recent Form
         99 Acts, ch 125, §93, 109
         C2001, §633.6105
         2002 Acts, ch 1107, §21; 2003 Acts, ch 95, §20; 2005 Acts, ch 38,
      §54, 55
         CS2005, §633A.6105

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