Iowa Code

Iowa Code § 633A.3108 (2026)

Limitation on contest of revocable trust

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Unless previously barred by adjudication, consent, or other limitation, if notice is published or given as provided in section 633A.3110 within one year of the settlor’s death, a proceeding to contest the validity of a revocable trust must be brought within the period specified in that notice. If notice is not published or given within that period, a proceeding to contest the validity of a trust must be brought no later than one year following the death of the settlor. 99 Acts, ch 125, §32, 109; 2000 Acts, ch 1150, §17 C2001, §633.3108 2005 Acts, ch 38, §54, 55 CS2005, §633A.3108 2008 Acts, ch 1119, §29, 39; 2012 Acts, ch 1123, §19, 32 Referred to in §633A.3110\n\nTue Dec 09 21:58:51 2025 Iowa Code 2026, Chapter 633A (54, 0) 17 IOWA TRUST CODE, §633A.3110

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2016–2025 · leading case: Shawn Shelton v. The Trust Created by the Jt. Trust Agreement of Larry E. Shelton & Katherine Shelton, Mary Joleen Pavelka, Ann Jetora Mueller f/k/a Jetora Ann Mueller, & Jan Marie Gwinn (Iowa Ct. App. 2020).

Sort: Relevance Newest Treatment

Shawn Shelton v. The Trust Created by the Jt. Trust Agreement of Larry E. Shelton & Katherine Shelton, Mary Joleen Pavelka, Ann Jetora Mueller f/k/a Jetora Ann Mueller, & Jan Marie Gwinn (Iowa Ct. App. 2020). · cites it 28× “1(4) was the applicable statute of limitations, not section 633A.3108. Second, he maintained he “was not properly served with 5 legal notice of the same as contemplated by Iowa Rule of Civil Procedure 13 which is intended to put an incarcerated person on equal footing with other…”

Amanda Kerber, Melissa Kerber, & Jeremy Kerber v. Marie Eischeid, Marguerite Nielsen, Teresa Smith, Annette Firkus, Kathleen Kasparbauer, & Mary Smith (Iowa Ct. App. 2016). · cites it 12× “Iowa Code § 633A.3108 (2011). Notwithstanding the confusion over the relevant code year, the children argue that any claim the grandchildren may have had against them related to Teresa’s revocable trust was time-barred after the one-year statute of limitations expired in April…”

In the Matter of the Teresa Kasparbauer Revocable Living Trust (Iowa Ct. App. 2018). · cites it 8× “Here, the trust and siblings argue: (1) the trust’s due process rights were violated because the trust was not a named party and did not have notice of the first action, (2) the statute of limitations in Iowa Code section 633A.3108 (2017) prevents the grandchildren from bringing…”

In the Matter of the Teresa Kaspabauer Revocable Living Trust (Iowa Ct. App. 2020). · cites it 8× “3109 (2013), there was not sufficient evidence to support the conclusion that Marie and Marguerite breached their fiduciary duties as Teresa’s conservators by amending the beneficiaries of her trust, proper notice of the opening of Teresa’s estate and the amended trust had been…”

Dittmer v. Dittmer (Iowa Ct. App. 2022). · cites it 8× “Iowa Code § 633A.3108. Based on the unambiguous statutory language, we conclude the discovery rule is inapplicable to section 633A.”

Winslow v. Poole (Iowa Ct. App. 2025). · cites it 4× “” Iowa Code § 633A.3108. 9 The court first rejected the challenger’s assertion that the testator’s placement in a voluntary conservatorship raised a presumption that he lacked testamentary capacity to execute a will.”

Kerby v. Jerry Kerby Revocable Trust (Iowa Ct. App. 2017). · cites it 2× “See Iowa Code § 633A.3108. The trust, through the successor trustee, Jerry’s surviving spouse, Carol, resisted the motion to dismiss the appeal as moot, maintaining that Jerry’s death did not affect Troy’s lack of standing to maintain the action.”

Shawn Shelton v. The Trust Created by the Jt. Trust Agreement of Larry E. Shelton & Katherine Shelton, Mary Joleen Pavelka, Jan Marie Gwinn, & Ann Jetora Mueller f/k/a Jetora Ann Mueller (Iowa Ct. App. 2021). · cites it 2× “See Iowa Code § 633A.3108 (2017) (requiring contest to validity of a trust to be filed no later than one year following the settlor’s death).”

In the Matter of the Guardianship & Conservatoship of Vernon D. Radda (Iowa 2021). “§ 633A.3108; see also Alexander v. Walden, 337 S.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.