JURISDICTION AND VENUE

Iowa Code tit. XV, ch. 633A, subch. VI, pt. 1

in effect

Iowa Code § 633A.6101 Subject matter jurisdiction.

633A.6101. Subject matter jurisdiction. 1. The district court sitting in probate has exclusive jurisdiction of proceedings concerning the internal affairs of a trust and of actions and proceedings to determine the existence of a trust, actions and proceedings by or against creditors or debtors of a trust, and other actions and proceedings involving a trust and third persons. Such jurisdiction may be invoked by any interested party at any time. 2. Unless a trust is under continuous court supervision pursuant to section 633.10, subsection 4, the trust shall not be subject to the jurisdiction of the probate court and the court shall not issue letters of appointment. 99 Acts, ch 125, §89, 109 C2001, §633.6101 2002 Acts, ch 1107, §20; 2005 Acts, ch 38, §49, 54 CS2005, §633A.6101 2010 Acts, ch 1137, §10

Iowa Code § 633A.6102 Principal place of administration of trust.

633A.6102. Principal place of administration of trust. 1. Unless otherwise designated in the terms of the trust, the principal place of administration of a trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or the trustee’s representative who is primarily responsible for the administration of the trust. 2. If the principal place of administration of the trust cannot be determined under subsection 1, it must be determined as follows: a. If the trust has one trustee, the principal place of administration of the trust is the trustee’s residence or usual place of business. b. If the trust has more than one trustee, the principal place of administration of the trust is the residence or usual place of business of any of the cotrustees as agreed upon by them or, if not, the residence or usual place of business of any of the cotrustees. 99 Acts, ch 125, §90, 109C2001, §633.61022005 Acts, ch 38, §54CS2005, §633A.6102

Iowa Code § 633A.6103 Jurisdiction over trustees and beneficiaries.

633A.6103. Jurisdiction over trustees and beneficiaries. 1. By accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court. 2. To the extent of their interests in the trust, all beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the court. 99 Acts, ch 125, §91, 109C2001, §633.61032005 Acts, ch 38, §54CS2005, §633A.6103

Iowa Code § 633A.6104 County of venue.

633A.6104. County of venue. 1. A proceeding may be commenced in the county in which the trust’s principal place of administration is or is to be located and if the trust is created by will, also in the county in which the decedent’s estate is administered. 2. If a trust not created by will has no trustee, a proceeding for appointing a trustee shall be commenced in the county in which a beneficiary resides or the trust property, or some portion of the trust property, is located. 3. Except as otherwise provided in subsections 1 and 2, a proceeding shall be commenced in accordance with the rules applicable to civil actions generally. 99 Acts, ch 125, §92, 109C2001, §633.61042005 Acts, ch 38, §54CS2005, §633A.6104

Iowa 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. 99 Acts, ch 125, §93, 109C2001, §633.61052002 Acts, ch 1107, §21; 2003 Acts, ch 95, §20; 2005 Acts, ch 38, §54, 55CS2005, §633A.6105

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633A&year=2026Fetched: 10/20/2026