Iowa Code

Iowa Code § 633A.2301 (2026)

Rights of beneficiary, creditor, and assignee

✓ current as of July 2026

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To the extent a beneficiary’s interest is not subject to a spendthrift provision, and subject to sections 633A.2305 and 633A.2306, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by levy, attachment, or execution of present or future distributions to or for the benefit of the beneficiary or other means. 99 Acts, ch 125, §22, 109 C2001, §633.2301 2004 Acts, ch 1015, §27; 2005 Acts, ch 38, §38, 54, 55 CS2005, §633A.2301 2008 Acts, ch 1119, §21; 2008 Acts, ch 1191, §131

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2009–2022 · leading case: In Re Est. of Gist, 763 N.W.2d 561 (Iowa 2009).

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In Re Est. of Gist, 763 N.W.2d 561 (Iowa 2009). · cites it 4× “Iowa Code § 633A.2301. 633A.2302. Exception to spendthrift protection *567 A term of a trust prohibiting an involuntary transfer of a beneficiary's interest shall be invalid as against claims by any creditor of the beneficiary if the beneficiary is the settlor.”

Iowa Dep't of Human Servs. v. Eral, 763 N.W.2d 561 (Iowa 2009). · cites it 4× “Iowa Code § 633A.2301. 633A.2302. Exception to spendthrift protection *567 A term of a trust prohibiting an involuntary transfer of a beneficiary’s interest shall be invalid as against claims by any creditor of the beneficiary if the beneficiary is the settlor.”

A.Y. McDonald Indus., Inc. v. Michael B. McDonald (Iowa Ct. App. 2022). · cites it 2× “And the legislature directed our courts not to order a trustee to exercise its discretion and not to order a payment from such trust: If a trustee has discretion as to payments to a beneficiary, and refuses to make payments or exercise its discretion, the court shall 4 Iowa Code…”

In The Matter Of The Est. Of Elenore Gist Iowa (Iowa 2009). · cites it 3× “Iowa Code § 633A.2301. 633A.2302. Exception to spendthrift protection A term of a trust prohibiting an involuntary transfer of a beneficiary’s interest shall be invalid as against claims by any creditor of the beneficiary if the beneficiary is the settlor.”

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