Bill Text: IA HF2229 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to probate, by amending the court fees in probate and including applicability provisions. (Formerly HSB 503; See HF 2421.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-02-13 - Subcommittee recommends passage. [HF2229 Detail]

Download: Iowa-2017-HF2229-Introduced.html

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House File 2229 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 503)

                                      A BILL FOR

  1 An Act relating to probate, by amending the court fees in
  2    probate and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5194HV (2) 87
    asf/rj

PAG LIN



  1  1    Section 1.  Section 633.31, Code 2018, is amended to read as
  1  2 follows:
  1  3    633.31  Calendar ==== court fees in probate.
  1  4    1.  The clerk shall keep a court calendar, and enter thereon
  1  5 such matters as the court may prescribe.
  1  6    2.  The clerk shall charge and collect the following fees in
  1  7 connection with probate matters, which shall be deposited in
  1  8 the account established under section 602.8108: probate fees
  1  9 as follows:
  1 10    a.  For services performed in short form probates pursuant 
  1 11 to sections 450.22 and 450.44 filings described in the 
  1 12 following subparagraphs$ 15.00
  1 13                              $185.00
  1 14    (1)  Filing a petition to invoke the jurisdiction of the
  1 15 court for the administration of trusts under section 633A.6201
  1 16 or where the jurisdiction of the court is otherwise exercised
  1 17 over trusts as provided  by law.
  1 18    (2)  Filing a petition to open a court=administered
  1 19 testamentary trust.
  1 20    (3)  Filing a petition for guardianship of a minor, a person
  1 21 with a mental illness, or other person laboring under legal
  1 22 disability unless the petition is part of a combined filing
  1 23 with a conservatorship.
  1 24    b.  For services performed in probate of will without
  1 25 administration filings described in the following 
  1 26 subparagraphs 15.00
  1 27 $50.00
  1 28    (1)  Filing a short form probate pursuant to sections 450.22
  1 29 and 450.44.
  1 30    (2)  Filing a petition for probate of a will without
  1 31 administration or a petition under section 633.290 other than
  1 32 probate of a will.
  1 33    (3)  Filing and indexing a transcript.
  1 34    c.  For filing and indexing a transcript the actions 
  1 35 described in the following subparagraphs50.00
  2  1 $20.00
  2  2    (1)  Taking and approving a bond or the sureties on a bond.
  2  3    (2)  Preparing a certificate and seal.
  2  4    (3)  Certifying a change of title.
  2  5    (4)  Issuing a clerk's commission to appraisers.
  2  6    d.  For taking and approving a bond, or 
  2  7 the sureties on a bond copies of court records per page 20.00
  2  8                               $0.50
  2  9    e.  For entering a rule or order 10.00
  2 10    f.  For certificate and seal 10.00
  2 11    g.  For making a complete record where
  2 12 real estate is sold  per 100 words   .20
  2 13    h.  For making a transcript or copies of 
  2 14 orders or records filed in
  2 15 the clerk's office  per 100 words   .50
  2 16    i.  For certifying change of title 20.00
  2 17    j.  For issuing commission to
  2 18 appraisers  2.00
  2 19    k.  For other services performed in the settlement of the
  2 20 estate of any decedent, minor, person with mental illness, or
  2 21 other persons laboring under legal disability, except where
  2 22 actions are brought by the administrator, guardian, trustee,
  2 23 or person acting in a representative capacity or against that
  2 24 person, or as may be otherwise provided herein, where the value
  2 25 of the personal property and real estate of such a person falls
  2 26 within the following indicated amounts, the fee opposite such
  2 27 amount shall be charged.
  2 28    (1)  Up to $3,000.00  5.00
  2 29    (2)  3,000.00 to 5,000.00 10.00
  2 30    (3)  5,000.00 to 7,000.00 15.00
  2 31    (4)  7,000.00 to 10,000.00 20.00
  2 32    (5)  10,000.00 to 15,000.00 25.00
  2 33    (6)  15,000.00 to 25,000.00 30.00
  2 34    (7)  For each additional $25,000.00 or
  2 35  major fraction thereof 50.00
  3  1    l.  For services performed in small
  3  2  estate administration 15.00
  3  3    3.  The fee set forth in subsection 2, paragraph "k", shall
  3  4 not be charged on any property transferred to a testamentary
  3  5 trust from an estate that has been administered in this state
  3  6 and for which court costs have been assessed and paid.  For
  3  7 other services performed in estates administered under this
  3  8 chapter or chapter 635, the clerk shall charge and collect an
  3  9 administration fee in the amount of one=quarter of one percent
  3 10 of the value of the gross assets of the decedent's estate
  3 11 listed in the probate inventory minus the value of all of the
  3 12 following:
  3 13    a.  Joint tenancy property.
  3 14    b.  Transfers during the decedent's lifetime.
  3 15    c.  Nonprobate assets, including but not limited to
  3 16 life insurance, annuities, individual retirement accounts,
  3 17 retirement plans, transfer on death securities accounts,
  3 18 payable on death bank accounts, and similar assets payable to
  3 19 beneficiaries other than the estate of the decedent.
  3 20    4.  For other services performed in conservatorship,
  3 21 the clerk shall charge and collect an administrative fee of
  3 22 one=quarter of one percent of the value of the gross assets of
  3 23 the conservatorship listed in the inventory.
  3 24    5.  An administration fee shall not be charged on any
  3 25 property transferred to an estate from a conservatorship
  3 26 that has been administered in this state and for which an
  3 27 administration fee has been assessed and paid.
  3 28    6.  Court fees collected under this section shall be
  3 29 deposited in the account established under section 602.8108.
  3 30    Sec. 2.  APPLICABILITY.  This Act applies July 1, 2018, to
  3 31 estates of decedents dying on or after that date.
  3 32                           EXPLANATION
  3 33 The inclusion of this explanation does not constitute agreement with
  3 34 the explanation's substance by the members of the general assembly.
  3 35    This bill amends Code section 633.31 by altering the court
  4  1 fees in probate and including applicability provisions.  The
  4  2 bill sets forth the following fees.  The fee is $185 to any of
  4  3 the following: filing a petition to invoke the jurisdiction of
  4  4 the court for the administration of trusts under Code section
  4  5 633A.6201 or where the jurisdiction of the court is otherwise
  4  6 exercised over trusts as provided by law; filing a petition to
  4  7 open a court=administered testamentary trust; filing a petition
  4  8 for guardianship of a minor, a person with a mental illness,
  4  9 or other person laboring under legal disability unless the
  4 10 petition is part of a combined filing with a conservatorship.
  4 11 The fee is $50 for any of the following: filing a short form
  4 12 probate pursuant to Code sections 450.22 and 450.44; filing
  4 13 a petition for probate of a will without administration or a
  4 14 petition under Code section 633.290, other than probate of
  4 15 a will; and filing and indexing a transcript.  The fee is
  4 16 $20 for any of the following: taking and approving a bond
  4 17 or the sureties on a bond; preparing a certificate and seal;
  4 18 certifying a change of title; and issuing a clerk's commission
  4 19 to appraisers.  The fee is $0.50 per page for copies of court
  4 20 records.
  4 21    The bill also provides for the following administration
  4 22 fees.  For other services performed in estates administered
  4 23 under Code chapters 633 and 635, the clerk shall charge and
  4 24 collect an administration fee in the amount of 0.25 percent
  4 25 of the value of the gross assets of the decedent's estate
  4 26 listed in the probate inventory minus the value of all of
  4 27 the following: joint tenancy property; transfers during the
  4 28 decedent's lifetime; and nonprobate assets, including but not
  4 29 limited to life insurance, annuities, individual retirement
  4 30 accounts, retirement plans, transfer on death securities
  4 31 accounts, payable on death bank accounts, and similar assets
  4 32 payable to beneficiaries other than the estate of the decedent.
  4 33 For other services performed in conservatorship, the clerk
  4 34 shall charge and collect an administrative fee of 0.25 percent
  4 35 of the value of the gross assets of the conservatorship listed
  5  1 in the inventory.
  5  2    Finally, the bill provides that an administration fee shall
  5  3 not be charged on any property transferred to an estate from a
  5  4 conservatorship that has been administered in this state and
  5  5 for which an administration fee has been assessed and paid.
  5  6    The bill applies to estates of decedents dying on or after
  5  7 July 1, 2018.
       LSB 5194HV (2) 87
       asf/rj