1.Asusedinthissection, “heir”meansonlysuchpersonwhowould, inanintestateestate,
be entitled to a share under section 633.219.
2.The trustee may give notice as described in this section to creditors, heirs, and the
surviving spouse of the settlor for the purpose of establishing their rights to contest the trust
and to file claims against the trust assets.
a.No later than the end of the one-year period beginning with the settlor’s date of death,
the trustee may 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 settlor was a
resident at the time of death. If the settlor was not a resident of Iowa, but the principal place
of administration is in Iowa, the trustee shall publish notice in the cou
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1. Asusedinthissection, “heir”meansonlysuchpersonwhowould, inanintestateestate,
be entitled to a share under section 633.219.
2. The trustee may give notice as described in this section to creditors, heirs, and the
surviving spouse of the settlor for the purpose of establishing their rights to contest the trust
and to file claims against the trust assets.
a. No later than the end of the one-year period beginning with the settlor’s date of death,
the trustee may 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 settlor was a
resident at the time of death. If the settlor 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. If notice is published pursuant to paragraph “a”, the trustee shall also give notice by
ordinarymailwithinoneyearofthesettlor’sdeathtothesurvivingspouseandtheheirsofthe
decedent whose identities are reasonably ascertainable, at such person’s last known address.
c. If notice is published pursuant to paragraph “a”, the trustee shall also give notice to
creditors of the settlor who are known or reasonably ascertainable within the period for filing
claims specified in the published notice and who the trustee believes own or possess a claim,
which will not or may not be paid or otherwise satisfied during the administration of the trust,
by ordinary mail to each person at the person’s last known address.
d. The notices described in this subsection shall, if given, include notification of the
settlor’s death, and the fact that any action to contest the validity of the trust must be
brought within the later to occur of four months 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 four months from the date of second
publication of notice made pursuant to paragraph “a” or thirty days from the date of mailing
of the notice pursuant to paragraph “b”, if required. A person who is not entitled to receive a
mailed notice or who does not make a claim within the appropriate period is forever barred
from asserting any claim against the trust or the trust assets.
3. If notice is published pursuant to subsection 2, paragraph “a”, claims of creditors that
are discovered or which become reasonably ascertainable after the end of the notice period
are barred.
4. If notice is not published and given as provided in this section, the right to challenge
the trust and file claims against the trust assets are limited as provided in sections 633A.3108
and 633A.3109.
§633A.3110, IOWA TRUST CODE 18
5. The notice described in subsection 2 shall be substantially in the following form:
To all persons regarding..............................., deceased, who died
on or about........................................(date). You are hereby notified
that.......................... is the trustee of the................ Trust.
Any action to contest the validity of the trust must be brought in
theDistrictCourtof.... County,Iowa,withinthelatertooccuroffour
months 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
settlor and the spouse of the decedent settlor 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 four months from the date of 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........................(month),...............(year)
.......................................................... Trust
...............................................
Trustee
Address:.....................................
...............................................
Date of second publication
............ day of........................(month),................(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.
9. The trustee shall give notice to the beneficiaries of the trust as required by section
633A.4213.
10. The trustee shall give notice to the surviving spouse of the right to elect to take an
elective share of the trust as required by section 633.237 and the right to an allowance for
the surviving spouse and any dependents of the settlor residing with the surviving spouse as
required by section 633A.3114.
11. The trustee shall give notice to eligible children not residing with the surviving spouse
of their right to an allowance as required by section 633A.3115.
12. The form of notice set forth in subsection 5 may also contain the following optional
language in substantially the following form which, if included, shall serve to bar any claim
19 IOWA TRUST CODE, §633A.3113
against the assets of the decedent’s estate in the same manner and subject to the same
limitations as provided in section 633A.3109 with respect to the assets of the trust:
Notice is further given that the will of the decedent has
been admitted to probate without present administration in the
[above-named] court, that such will designates the trust as the
residual beneficiary of the estate, that all persons indebted to the
estate of the decedent are requested to make immediate payment to
the undersigned trustee, and that any person or entity possessing
a claim against the estate must mail proof of the claim to the
trustee at the address listed below by certified mail, return receipt
requested, by the later to occur of four months from the date of
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.