Iowa Code 633.71 – Legal effect of appointment
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1. By qualifying as fiduciary, any resident or nonresident person submits to the jurisdiction of the court making the appointment of the fiduciary and, in addition, shall be deemed to agree to all of the following:
a. All property coming into the fiduciary’s hands is subject to the jurisdiction of the court wherein are pending the proceedings in which the fiduciary is serving.
b. The fiduciary is subject to all orders entered by the court in the proceedings in which the fiduciary is serving and notices served upon the fiduciary with respect to the proceedings, that are in compliance with the procedure prescribed by this probate code, have the same force and effect as if such service had been personally made upon the fiduciary within the state.
c. The fiduciary is subject to the jurisdiction of the courts of this state in all actions and proceedings against the fiduciary arising from or growing out of the fiduciary relationship and activities; service of process in such actions and proceedings may be made upon the fiduciary by serving the original notice upon the fiduciary outside this state; and such service has the same force and effect as though the service had been personally made upon the fiduciary within this state.
Terms Used In Iowa Code 633.71
- Clerk: means "clerk of the district court" in the county in which the matter is pending and includes the term "clerk of the probate court". See Iowa Code 633.3
- Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes personal representative, executor, administrator, guardian, conservator, and the trustee of any trust described in section 633. See Iowa Code 633.3
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Iowa Code 633.701
- Probate: Proving a will
- Property: includes both real and personal property. See Iowa Code 633.3
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 633.701
2. The clerk of the court in which is pending the proceedings in which the fiduciary is serving is the lawful attorney or resident agent of such nonresident fiduciary upon whom service of process may be made whether such process be an order of the court entered in the proceedings in which the fiduciary is serving or an original notice of an action arising from or growing out of the fiduciary relationship and activities of the nonresident fiduciary.