Iowa Laws Affecting Conserved Funds

See Iowa Code § 633.12.(West, Westlaw through Acts of 2006 Reg. Sess. & 1st Ex. Sess.).

As a representative payee, you should be sending the conserved funds of a deceased beneficiary to the probate division of the district court of which the deceased individual was a resident.

If the deceased individual was not a resident of any county in Iowa, then the conserved funds should be sent to the district court in which the deceased left property subject to administration. The Iowa State Court system has a website which lists the district courts and the counties which they serve.

The Web site can be found at: http://www.iowacourts.gov/About_the_Courts/District_Courts/

State Laws

The appropriate place to send conserved funds in Iowa is to the probate division of the district court in which the estate is being probated.

§ 633.10. Jurisdiction

In addition to the jurisdiction granted the district court under the trust code, chapter 633A, or elsewhere, the district court sitting in probate shall have jurisdiction of: 1. Estates of decedents and absentees. The probate and contest of wills; the appointment of personal representatives; the granting of letters testamentary and of administration; the administration, settlement, and distribution of estates of decedents and absentees, whether such estates consist of real or personal property or both.

See Iowa Code § 633.10.1. (West, Westlaw through Acts of 2006 Reg. Sess. & 1st Ex. Sess.).

To determine which district court is probating the estate, the Iowa Code provides:

§ 633.12. County of jurisdiction.

The court of each county shall have original and exclusive jurisdiction to administer the estates of all persons who are residents of the county, or who were residents at the time of their death, and all nonresidents of the state who have property, or who die leaving property in the county subject to administration, or whose property is afterwards brought into the county; to appoint conservators for nonresidents having property in the county; and to appoint conservators and guardians of residents of the county.