The Governor recently signed legislation that makes a few changes to the trust code, the probate code, and the power of attorney statutes. House File 2335 was sent to Governor Branstad on April 12 after passing though both chambers. HF 2335 deals with amendments and additions to Civil Law Provisions.
The bill had three Divisions: Division 1 provided an additional exception to the general rule regarding notice on transfer of real property of an estate. Section 633.389 of the probate code allowed notice to be waived by all interested parties where real property of an estate was to be transferred. This bill will allow another exception to the notice requirement: where all interested persons are also personal representatives and have signed the petition then notice need not be served.
Division 2 of the bill adds a new section to the Trust Code. Section 633A.1109 will be added to the “Definitions and General Provisions” of the Trust Code and provides for the “methods of Notice and Document Delivery – Waiver.” The new provision directs trustees or other individuals who might be required to give notice to a beneficiary or other interested party that notice shall be accomplished in a manner that is reasonably suitable under the circumstances. This can include first-class mail, personal delivery to a last-known address, or by correct email address. Additionally, where the notice or document is sent through the US postal service, service is complete when the mail is given proper postage, addressed to the last known post office address, and deposited in a mailbox provided by the US postal service. Where there is a judicial proceeding against an unknown person with unknown whereabouts, the court can allow for notification by publication. A person can waive his or her right to be notified. This new section will apply to all notices and documents sent on or after July 1, 2016.
The bill had three Divisions: Division 1 provided an additional exception to the general rule regarding notice on transfer of real property of an estate. Section 633.389 of the probate code allowed notice to be waived by all interested parties where real property of an estate was to be transferred. This bill will allow another exception to the notice requirement: where all interested persons are also personal representatives and have signed the petition then notice need not be served.
Division 2 of the bill adds a new section to the Trust Code. Section 633A.1109 will be added to the “Definitions and General Provisions” of the Trust Code and provides for the “methods of Notice and Document Delivery – Waiver.” The new provision directs trustees or other individuals who might be required to give notice to a beneficiary or other interested party that notice shall be accomplished in a manner that is reasonably suitable under the circumstances. This can include first-class mail, personal delivery to a last-known address, or by correct email address. Additionally, where the notice or document is sent through the US postal service, service is complete when the mail is given proper postage, addressed to the last known post office address, and deposited in a mailbox provided by the US postal service. Where there is a judicial proceeding against an unknown person with unknown whereabouts, the court can allow for notification by publication. A person can waive his or her right to be notified. This new section will apply to all notices and documents sent on or after July 1, 2016.
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