Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

A trustee may proceed to take action under section 637.602 if all of the following apply: 1. The trustee adopts a written policy for the trust as follows: a. In the case of a trust being administered as an income trust, requiring that future distributions from the trust will be u…

If there is no trustee of the trust other than an interested trustee, the interested trustee or, where two or more persons are acting as trustee and are interested trustees, a majority of such interested trustees may, in the trustee’s sole discretion and without the approval of t…

An interested trustee may proceed to take action under section 637.604 if all of the following apply: 1. The trustee adopts a written policy for the trust as follows: a. In the case of a trust being administered as an income trust, requiring that future distributions from the tru…

1. If any trustee desires to do any of the following but does not have the ability to or elects not to do so under the provisions of section 637.602 or 637.604 , the trustee may petition the court for such order as the trustee deems appropriate: a. Convert an income trust to a to…

The fair market value of the trust shall be determined at least annually, using such valuation date or dates or averages of valuation dates as are deemed appropriate. Assets for which a fair market value cannot be readily ascertained shall be valued using such valuation methods a…

The annual unitrust payout percentage shall be four percent unless the governing instrument specifically provides a different percentage or the court approves a percentage of not less than three percent or more than five percent after notice of intent to seek a payout percentage …

Following the conversion of an income trust to a total return unitrust, the trustee: 1. Shall treat the unitrust amount as if it were net income of the trust for purposes of determining the amount available, from time to time, for distribution from the trust. 2. Shall allocate an…

In administering a total return unitrust, the trustee may, in the trustee’s sole discretion but subject to the provisions of the governing instrument, determine all of the following: 1. The effective date of the conversion. 2. The timing of distributions, including provisions for…

Conversion to a total return unitrust under the provisions of this subchapter shall not affect any other provision of the governing instrument, if any, regarding distributions of principal. 2002 Acts, ch 1086, §16, 21 Referred to in §637.613

This subchapter shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Iowa under Iowa law unless any of the following apply: 1. The governing instrument reflects an intention that the current beneficiary or b…

Any trustee or disinterested person who in good faith takes or fails to take any action under this subchapter shall not be liable to any person affected by such action or inaction, regardless of whether such person received written notice as provided in this subchapter and regard…

This subchapter takes effect April 5, 2002, and applies to trusts in existence on that date or created after that date. 2002 Acts, ch 1086, §19, 21 Referred to in §637.613

This chapter applies to every trust or decedent’s estate on and after July 1, 2000, except as otherwise expressly provided in the will, the terms of the trust, or this chapter . Notwithstanding any Code provision to the contrary, the provisions of this chapter shall prevail over …

This chapter may be cited as the “Iowa Uniform Fiduciary Access to Digital Assets Act” . 2017 Acts, ch 79, §4

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications s…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electr…

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, mainta…

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried…

1. After an opportunity for a hearing to all interested parties, the court may grant a conservator or guardian access to the digital assets of a protected person. 2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guar…

1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: a. The duty of care. b. The duty of loyalty. c. The duty of confidentiality. 2. All of the following apply to a fiduciary’…

1. Not later than sixty days after receipt of the information required under sections 638.7 through 638.15 , a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fa…

In applying and construing this chapter , consideration must be given to the need to promote uniformity of the law with respect to this chapter’s subject matter among states that enact the revised uniform fiduciary access to digital assets Act. 2017 Acts, ch 79, §20

This chapter modifies, limits, or 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 …

As used in this chapter , unless the context otherwise requires: 1. “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. 2. …

1. This chapter applies to all of the following: a. A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017. b. A personal representative acting for a decedent who died before, on, or after July 1, 2017. c. A conservator or guardian acting …

1. A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at …

1. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. 2. This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the …

1. When disclosing digital assets of a user under this chapter , the custodian may at its sole discretion do any of the following: a. Grant a fiduciary or designated recipient full access to the user’s account. b. Grant a fiduciary or designated recipient partial access to the us…

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if th…

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…

The plaintiff in a civil action may cause the property of the defendant not exempt from execution to be attached at the commencement or during the progress of the proceeding, by pursuing the course hereinafter prescribed. [C51, §1846; R60, §3172; C73, §2949; C97, §3876; C24, 27, …

If, at the time of the service of the attachment, the claim upon which suit is brought is not due, the defendant need not appear in the action until the maturity of the demand, unless the defendant elects to plead, in which event the cause shall stand for trial when it is reached…

In all cases before it can be issued, the plaintiff must file with the clerk a bond for the use of the defendant, with sureties to be approved by such clerk, in a penalty at least double the value of the property sought to be attached, and in no case less than two hundred fifty d…

In any case where only real property is sought to be attached, the plaintiff shall file such bond in a penalty to be fixed by the court or the clerk, and in such cases, the clerk shall issue a writ thereunder and shall direct therein that real property only shall be attached. [C3…

The defendant may, at any time before judgment, move the court for additional security on the part of the plaintiff, and if, on such motion, the court is satisfied that the surety on the plaintiff’s bond has removed from the state, or is not sufficient, the attachment may be vaca…

In an action on such bond, the plaintiff therein may recover, if the plaintiff shows that the attachment was wrongfully sued out, and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages sustained, and reasonable a…

The fact stated as a cause of attachment shall not be contested in the action by a mere defense. The defendant’s remedy shall be on the bond, but the defendant may in the defendant’s discretion sue thereon by way of counterclaim, and in such case shall recover damages as in an or…

The clerk shall issue a writ of attachment, directing the sheriff of the county therein named to attach the property of the defendant to the requisite amount therein stated. [C51, §1856; R60, §3185; C73, §2962; C97, §3889; C24, 27, 31, 35, 39, § 12092; C46, 50, 54, 58, 62, 66, 71…

Attachments may be issued from the district court to different counties, and several may, at the option of the plaintiff, be issued at the same time, or in succession and subsequently, until sufficient property has been attached; but only those executed shall be taxed in the cost…

If more property is attached in the aggregate than the plaintiff is entitled to, the surplus must be abandoned, and the plaintiff pay all costs incurred in relation to such surplus. [C51, §1858; R60, §3184; C73, §2963; C97, §3890; C24, 27, 31, 35, 39, § 12094; C46, 50, 54, 58, 62…

The sheriff shall in all cases attach the amount of property directed, if sufficient, not exempt from execution, is found in the sheriff’s county, giving that in which the defendant has a legal and unquestionable title a preference over that in which the defendant’s title is doub…

If it be subsequent to the commencement of the action, a separate petition or an amendment to the petition must be filed, and in all cases the proceedings relative to the attachment are to be deemed independent of the ordinary proceedings and only auxiliary thereto. [C51, §1847; …

Where there are several attachments against the same defendant, they shall be executed in the order in which they were received by the sheriff. [R60, §3187; C73, §2965; C97, §3892; C24, 27, 31, 35, 39, § 12096; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.20 ]

If, after an attachment has been placed in the hands of the sheriff, any property of the defendant is moved from the county, the sheriff may pursue and attach the same in an adjoining county within twenty-four hours after removal. [R60, §3188; C73, §2966; C97, §3893; C24, 27, 31,…

Judgments, money, bank bills, and other things in action may be levied upon by the officer under an attachment in the same manner as levies are made under execution, except that notice of such levy shall be given as in levies by attachment, and after judgment such property shall …