- 1. Subject to subsection 3, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 565B.9, in the absence of a will or under a will or trust that does not contain an authorization to do so.
- 2. Subject to subsection 3, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 565B.9.
3. A transfer under subsection 1 or 2 may be made only if all of the following are true:
- a. The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor.
- b. The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument.
- c. The transfer is authorized by the court if all transfers, including the transfer to be made and prior transfers, exceed fifty thousand dollars in value. Transfers by a personal representative, trustee, or conservator shall not be aggregated, but each personal representative, trustee, or conservator shall be treated separately.
- 4. A personal representative, trustee, or conservator making a distribution under this section is relieved of all accountability as a personal representative, trustee, or conservator with respect to the property once the property has been distributed.
86 Acts, ch 1035, §6; 2010 Acts, ch 1137, §2; 2021 Acts, ch 8, §23
Referred to in §565B.7