Methods of notice and document delivery — waiver.

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633A.1109 Methods of notice and document delivery — waiver.

Except as otherwise provided by this chapter:

1. Giving notice to a person, including notice of a judicial proceeding, or the sending of a document to a person under this chapter shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of giving notice or sending a document include first-class mail, personal delivery to a person’s last known place of residence or place of business, or by properly directed electronic mail. When notice in a trust proceeding is served on an interested party via the United States postal service, the service is made and completed when the notice being served is enclosed in a sealed envelope with proper postage paid, is addressed to the interested party at the party’s last known post office address, and is deposited in a mail receptacle provided by the United States postal service.

2. In the case of a proceeding against an unknown person whose address or whereabouts are unknown, the court shall prescribe that notice may be served by publication within the time and in the manner provided by the rules of civil procedure.

3. Notice under this chapter or the right to receive a document under this chapter may be waived by the person to be notified or entitled to receive the document.

4. For purposes of this section, “properly directed” means directed to an electronic mail address that the sender reasonably believes is a current electronic mail address of the recipient.

2016 Acts, ch 1088, §2, 3

Section applies to notices and documents sent on or after July 1, 2016, regarding trusts in existence on or created after July 1, 2016;

2016 Acts, ch 1088, §3


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