2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.3109 - NOTICE TO CREDITORS, CLAIMANTS, HEIRS, SPOUSE, AND BENEFICIARIES.

        633A.3109  NOTICE TO CREDITORS, CLAIMANTS, HEIRS,
      SPOUSE, AND BENEFICIARIES.
         1.  As used in this section, "heir" means only such person who
      would, in an intestate estate, be entitled to a share under section
      633.219.
         2.  If the notice provided for in subsection 3 has not been
      published and if a probate administration is commenced for the
      decedent within one year of the decedent's date of death and notice
      is properly given pursuant to section 633.230 or 633.304, a
      creditor's rights shall be determined under those sections and
      section 633A.3104.
         3.  Except as provided in subsections 2 and 4, the rights of
      creditors against assets of the trust and those of heirs to contest
      the trust shall be established or terminated by the trustee giving
      notice as follows:
         a.  The trustee shall publish a notice once each week for two
      consecutive weeks in a daily or weekly newspaper of general
      circulation published in the county in which the decedent was a
      resident at the time of death, and in any county of which the
      decedent was a nonresident but in which some real estate of the trust
      is located.  If the decedent was not a resident of Iowa, but the
      principal place of administration is in Iowa, the trustee shall
      publish notice in the county that is the principal place of
      administration pursuant to section 633A.6102.
         b.  As soon as practicable, the trustee shall give notice by
      ordinary mail to the surviving spouse, the heirs of the decedent, and
      each beneficiary under the trust whose identities are reasonably
      ascertainable, at such person's last known address.
         c.  If at any time during the pendency of the trust
      administration the trustee has knowledge of the name and address of a
      person believed to own or possess a claim which will not, or may not,
      be paid or otherwise satisfied during administration, the trustee
      shall provide a notice by ordinary mail to each such creditor at the
      creditor's last known address stating the decedent settlor's date of
      death and that the claim shall be forever barred unless proof of the
      creditor's claim is mailed to the trustee by certified mail, return
      receipt requested, within the later to occur of sixty days from the
      second publication of notice or thirty days from the date of mailing
      of the notice.
         d.  The notice in paragraphs "a" and "b" shall include
      notification of the decedent's death, and the fact that any action to
      contest the validity of the trust must be brought within the later to
      occur of sixty days from the date of the second publication of the
      notice made pursuant to paragraph "a" or thirty days from the
      date of mailing of the notice pursuant to paragraph "b" and that
      any claim against the trust assets will be forever barred unless
      proof of a creditor's claim is mailed to the trustee by certified
      mail, return receipt requested, within the later to occur of sixty
      days from the second publication of notice or thirty days from the
      date of mailing the notice, if required.  A person who does not make
      a claim within the appropriate period is forever barred.
         4.  If notice has not been published or given as provided in
      subsection 2 or 3, a claimant of a deceased settlor of a revocable
      trust must bring suit to enforce its claim against the assets of the
      decedent's trust within one year of the decedent's death or be
      forever barred from collecting against the trust assets unless the
      trustee has failed to comply with subsection 3, paragraph "c".
      The one-year limitation period shall not be extended by the
      commencement of probate administration for the settlor more than one
      year following the settlor's death.
         5.  The notice described in subsection 3 shall be substantially in
      the following form:

         To all persons regarding ...., deceased, who died on or about
      ...., (year) ....  You are hereby notified that .... is the trustee
      of the .... Trust.  At this time, no probate administration is
      contemplated with regard to the above-referenced decedent's estate.
         Any action to contest the validity of the trust must be brought in
      the District Court of .... County, Iowa, within the later to occur of
      sixty days from the date of second publication of this notice, or
      thirty days from the date of mailing this notice to all heirs of the
      decedent, spouse of the decedent, and beneficiaries under the trust
      whose identities are reasonably ascertainable.  Any suit not filed
      within this period shall be forever barred.

         Notice is further given that any person or entity possessing a
      claim against the trust must mail proof of the claim to the trustee
      at the address listed below via certified mail, return receipt
      requested, by the later to occur of sixty days from the second
      publication of this notice or thirty days from the date of mailing
      this notice if required, or the claim shall be forever barred, unless
      paid or otherwise satisfied.
         Dated this .. day of ...., (year) ...
               ................Trust
                                   ...........
                                   Trustee
                                   Address: .......
                                   ...........

         Date of second publication .. day of ..., (year) ...

         6.  The proof of claim must be in writing stating the party's name
      and address and describing the nature and amount of the claim, if
      ascertainable, and accompanied by an affidavit of the party or a
      representative of the party verifying the amount that is due, or when
      the amount will become due, that no payments have been made on the
      claim that are not credited, and that no offsets to the claim exist.

         7.  At any time after receipt by the trustee of a proof of claim,
      the trustee may give the party submitting the claim a written notice
      of disallowance of the claim.  The notice shall be given by certified
      mail, return receipt requested, addressed to the party at the address
      stated in the claim, and to the attorney of record of the party
      submitting the claim.  Such notice of disallowance shall advise the
      party submitting the claim that the claim has been disallowed and
      will be forever barred unless suit is filed against the trustee to
      enforce the claim within thirty days of the date of the mailing of
      the notice of disallowance.  If suit is filed, the provisions in
      chapter 633 relating to actions to enforce a claim shall apply with
      the trust and trustee substituted for the estate and personal
      representative.
         8.  The trustee and creditor may agree to extend the limitations
      period for filing an action to enforce the claim.  If the creditor
      fails to properly file its claim within the established time period
      or bring an action to enforce its claim within the established time
      period, the creditor's claim shall be forever barred.  

         Section History: Recent Form

         99 Acts, ch 125, §33, 109; 2000 Acts, ch 1150, §18
         C2001, §633.3109
         2002 Acts, ch 1119, §101; 2005 Acts, ch 38, §54, 55
         CS2005, §633A.3109
         2006 Acts, ch 1104, §8, 16
         Referred to in § 633A.3108, 633A.3112 

         Footnotes

         2006 amendments apply to trusts of settlors who die on or after
      July 1, 2006; 2006 Acts, ch 1104, §16