633D.8 Claims against a beneficiary of a transfer on death security registration. 1. If other assets of the estate of a deceased owner are insufficient to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse andchildren, a transfer at death of a security registered in beneficiary form is not effective againstthe estate of the deceased sole owner, or if multiple owners, against the estate of the last ownerto die, to the extent needed to pay debts, taxes, and expenses of administration, includingstatutory allowances to the surviving spouse and children. 2. A beneficiary of a transfer on death security registration under this chapter is liable to account to the personal representative of the deceased owner for the value of the security asof the time of the deceased owner’s death to the extent necessary to discharge debts, taxes,and expenses of administration, including statutory allowances to the surviving spouse andchildren. A proceeding against a beneficiary to assert liability shall not be commenced unlessthe personal representative has received a written demand by the surviving spouse, a creditor,a child, or a person acting for ng against a beneficiary to assert liability shall not be commenced unlessthe personal representative has received a written demand by the surviving spouse, a creditor,a child, or a person acting for a minor child of the deceased owner. 3. An action for an accounting under this section must be commenced within two years after the death of the owner. 4. A beneficiary against whom a proceeding is brought may elect to transfer to the personal representative the security registered in the name of the beneficiary if thebeneficiary still owns the security, or the net proceeds received by the beneficiary upondisposition of the security by the beneficiary. Such transfer fully discharges the beneficiaryfrom all liability under this section. 5. A beneficiary against whom a proceeding for an accounting is brought may join as a party to the proceeding a beneficiary of any other security registered in beneficiary form bythe deceased owner. 6. Amounts recovered by the personal representative with respect to a security shall be administered as part of the deceased owner’s estate. 7. A district court in this state shall have subject matter jurisdiction over a claim against a designated ive with respect to a security shall be administered as part of the deceased owner’s estate. 7. A district court in this state shall have subject matter jurisdiction over a claim against a designated beneficiary brought by the decedent’s personal representative or by a claimant toan interest in a security registered under this chapter. Any provision in a security registrationform restricting jurisdiction over a claim, or restricting a choice of forum, to a forum outsidethis state is void. 8. In an action for an accounting brought under this section, where the deceased owner was domiciled in this state, the laws of this state shall apply. 97 Acts, ch 178, §24CS97, §633.8072005 Acts, ch 38, §52, 53CS2005, §633D.8 Sat Dec 23 12:17:15 2023 Iowa Code 2024, Section 633D.8 (15, 0)
Iowa Legal Code