Bill Text: IA HF252 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the calculation of certain court costs in probate matters, and including applicability provisions. (Formerly HSB 28)(See HF 639.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-11 - Committee report, recommending amendment and passage. H.J. 983. [HF252 Detail]

Download: Iowa-2017-HF252-Introduced.html

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House File 252 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 28)

                                      A BILL FOR

  1 An Act relating to the calculation of certain court costs in
  2    probate matters, and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1816HV (3) 87
    jh/rj

PAG LIN



  1  1    Section 1.  Section 633.31, Code 2017, is amended to read as
  1  2 follows:
  1  3    633.31  Calendar ==== fees court costs 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
  1  7  court costs in connection with probate matters, which shall be
  1  8 deposited in the account established under section 602.8108:
  1  9    a.  For services performed in short form probates pursuant
  1 10 to sections 450.22 and 450.44$ 15.00
  1 11    b.  For services performed in probate of
  1 12 will without administration $ 15.00
  1 13    c.  For filing and indexing a transcript$ 50.00
  1 14    d.  For taking and approving a bond, or
  1 15 the sureties on a bond $ 20.00
  1 16    e.  For entering a rule or order $ 10.00
  1 17    f.  For certificate and seal $ 10.00
  1 18    g.  For making a complete record where
  1 19 real estate is sold  per 100 words $   .20
  1 20    h.  For making a transcript or copies of
  1 21 orders or records filed in
  1 22 the clerk's office  per 100 words $   .50
  1 23    i.  For certifying change of title $ 20.00
  1 24    j.  For issuing commission to
  1 25 appraisers $  2.00
  1 26    k.  For other services performed in the settlement of the
  1 27 estate of any decedent, minor, person with mental illness, or
  1 28 other persons laboring under legal disability, except where
  1 29 actions are brought by the administrator, guardian, trustee,
  1 30 or person acting in a representative capacity or against that
  1 31 person, or as may be otherwise provided herein, where the value
  1 32 of the personal property and real estate of such a person falls
  1 33 within the following indicated amounts, the fee court costs
  1 34  opposite such amount shall be charged, in accordance with
  1 35 subsection 3.
  2  1    (1)  Up to $3,000.00 $  5.00
  2  2    (2)  $3,000.00 to $5,000.00 $ 10.00
  2  3    (3)  $5,000.00 to $7,000.00 $ 15.00
  2  4    (4)  $7,000.00 to $10,000.00 $ 20.00
  2  5    (5)  $10,000.00 to $15,000.00 $ 25.00
  2  6    (6)  $15,000.00 to $25,000.00 $ 30.00
  2  7    (7)  For each additional $25,000.00 or
  2  8  major fraction thereof $ 50.00
  2  9    l.  For services performed in small
  2 10  estate administration $ 15.00
  2 11    3.  a.  For purposes of determining the court costs set
  2 12 forth in subsection 2, paragraph "k", the "value of the personal
  2 13 property and real estate of such a person" means the gross
  2 14 assets of the estate listed in the probate inventory minus the
  2 15 following, unless the proceeds of such assets are payable to
  2 16 the estate:
  2 17    (1)  Joint tenancy property.
  2 18    (2)  Transfers during such person's lifetime.
  2 19    (3)  Assets payable to beneficiaries, including but not
  2 20 limited to life insurance, annuities, individual retirement
  2 21 accounts, retirement plans, transfer on death accounts, and
  2 22 payable on death accounts. 
  2 23    b.  The fee court costs set forth in subsection 2, paragraph
  2 24 "k", shall not be charged on any property transferred to a
  2 25 testamentary trust from an estate that has been administered
  2 26 in this state and for which court costs have been assessed and
  2 27 paid.
  2 28    c.  The court costs set forth in subsection 2, paragraph "k",
  2 29 shall not be charged on any property transferred to an estate
  2 30 from a conservatorship that has been administered in this state
  2 31 and for which court costs have been assessed and paid.
  2 32    Sec. 2.  APPLICABILITY.  This Act applies to estates of
  2 33 decedents dying on or after January 1, 2018.
  2 34                           EXPLANATION
  2 35 The inclusion of this explanation does not constitute agreement with
  3  1 the explanation's substance by the members of the general assembly.
  3  2    This bill relates to the court costs the clerk of probate
  3  3 court charges and collects in connection with probate matters.
  3  4    Under current law, Code section 633.31(2)(k) provides a
  3  5 sliding scale fee for services performed in connection with the
  3  6 settlement of an estate based upon the value of the decedent's
  3  7 estate. The bill provides that joint tenancy property,
  3  8 property transfers made during the person's lifetime, and
  3  9 assets payable to beneficiaries are to be excluded from the
  3 10 value of the decedent's estate for purposes of determining the
  3 11 fee, described as court costs in the bill, unless the proceeds
  3 12 of such assets are payable to the estate.
  3 13    Additionally, the bill provides that the court costs due
  3 14 to the clerk pursuant to Code section 633.31(2)(k) shall not
  3 15 be charged on any property transferred to an estate from a
  3 16 conservatorship that has been administered in Iowa and for
  3 17 which court costs have been assessed and paid.
  3 18    The bill applies to estates of decedents dying on or after
  3 19 January 1, 2018.
       LSB 1816HV (3) 87
       jh/rj