1. Any natural person of full age, who is a resident of this state, is qualified to serve as a fiduciary, except any of the following:
a. A person who is incompetent.
b. Any other person whom the court determines to be unsuitable.
2. Banks and trust companies organized under the laws of the United States or state banks, when approved by the superintendent of banking under section 524.1001, and trust companies authorized to engage in trust business pursuant to section 524.1005, are authorized to act in a fiduciary capacity in Iowa.
3. A private nonprofit corporation organized under chapter 504, Code 1989, or current chapter 504 is qualified to act as a guardian, as defined in section 633.3, or a conservator, as defined in section 633.3, if the corporation does not possess a proprietary or legal interest in an organization which provides direct services to the individual.
4. The state public guardian or local public guardian as defined in section 231E.3 is authorized to act in a fiduciary capacity in this state in accordance with chapter 231E. [C51, §1304, 1305; R60, §2336, 2337; C73, §2345, 2346; C97, §3288, 3289; C24, 27, 31, 35, 39, §11871, 11872; C46, 50, 54, 58, 62, §633.27, 633.28; C66, 71, 73, 75, 77, 79, 81, §633.63] 85 Acts, ch 31, §1; 86 Acts, ch 1131, §1; 89 Acts, ch 178, §8; 89 Acts, ch 257, §32; 96 Acts, ch 1129, §105; 98 Acts, ch 1118, §1; 2003 Acts, ch 108, §108; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394; 2005 Acts, ch 175, §144, 145; 2010 Acts, ch 1137, §3; 2018 Acts, ch 1048, §14 Referred to in §8A.706, 8A.708, 173.22A, 217.41, 231E.10, 256.88, 260C.32, 262.9, 501A.601, 633.64, 633.65, 633.642, 635.1 \n
Notes of Decisions
State of Iowa v. Denem Anthony Null, 836 N.W.2d 41 (Iowa 2013).
· cites it 2× “§ 633.63. Minors may not marry unless they are sixteen or seventeen years old, have their parents’ consent, and a judge approves.”
Matter of Est. of Ragan, 541 N.W.2d 859 (Iowa 1995).
· cites it 10× “The district court found that the primary and contingent trustees named in a decedent's will were "unsuitable" to act as trustees, Iowa Code § 633.63 (1993), and appointed a substitute trustee.”
Matter of Guardianship of Hedin, 528 N.W.2d 567 (Iowa 1995).
· cites it 2× “It pertinently provides: When any fiduciary is, or becomes, disqualified under section 633.63 [person is not qualified to serve as fiduciary if court determines person is unsuitable] and 633.”
Matter of Est. of Petersen, 570 N.W.2d 463 (Iowa Ct. App. 1997).
· cites it 4× “Iowa Code § 633.63 ; In the Matter of the Estate of Ragan, 541 N.”
Matter of Est. of Cutler, 368 N.W.2d 724 (Iowa Ct. App. 1985).
· cites it 7× “Iowa Code § 633.63 (l)(a) and (b) (1983).”
Matter of Est. of Jones, 492 N.W.2d 723 (Iowa Ct. App. 1992).
· cites it 2× “We there stated: It is apparent from the court’s pretrial comments and from its conclusions of law that these statutes [ Iowa Code §§ 633.63 , 633.65 (1983) ] were construed to authorize removal only upon proof of an executor’s unsuitability while performing the duties of…”
Haars v. Oelberg, 414 N.W.2d 672 (Iowa Ct. App. 1987).
· cites it 4× “A natural person who is a nonresident of this state and who is otherwise qualified under the provisions of section 633.63, provided a resident fiduciary is appointed to serve with such nonresident fiduciary; and provided further that the court, for good cause shown, may appoint…”
Tiffany v. Tiffany, 541 N.W.2d 859 (Iowa 1995).
· cites it 10× “The district court found that the primary and contingent trustees named in a decedent’s will were “unsuitable” to act as trustees, Iowa Code § 633.63 (1993), and appointed a substitute trustee.”
Hedin v. Gonzales, 528 N.W.2d 567 (Iowa 1995).
· cites it 2× “It pertinently provides: When any fiduciary is, or becomes, disqualified under section 633.63 [person is not qualified to serve as fiduciary if court determines person is unsuitable] and 633.”
— Iowa Code § 633.63(1) — 2 cases
— Iowa Code § 633.63(1)(6) — 1 case
— Iowa Code § 633.63(1)(b) — 1 case
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