Bill Text: IA HF331 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to notice requirements for probate proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-22 - Subcommittee: Paustian, Jones and Meyer. H.J. 451. [HF331 Detail]
Download: Iowa-2017-HF331-Introduced.html
House File 331 - Introduced HOUSE FILE BY MEYER A BILL FOR 1 An Act relating to notice requirements for probate proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2063YH (1) 87 jh/rj PAG LIN 1 1 Section 1. NEW SECTION. 9.9 Notice of probate. 1 2 The secretary of state shall post notices of probate 1 3 received under sections 633.230 and 633.304 in a searchable 1 4 database on the secretary of state's internet site. The 1 5 notices, at a minimum, shall be searchable by name of the 1 6 decedent and the county in which the estate is pending. 1 7 Sec. 2. Section 633.230, subsection 1, Code 2017, is amended 1 8 to read as follows: 1 9 1. In intestate matters, the administrator, as soon as 1 10 letters are issued, shall cause to be publishedonce each 1 11 week for two consecutive weeks in a daily or weekly newspaper 1 12 of general circulation published in the county in which the 1 13 estate is pendingon the secretary of state's internet site, 1 14 and at any time during the pendency of administration that the 1 15 administrator has knowledge of the name and address of a person 1 16 believed to own or possess a claim which will not or may not 1 17 be paid or otherwise satisfied during administration, provide 1 18 by ordinary mail to each such claimant at the claimant's last 1 19 known address, a notice of appointment which shall be in 1 20 substantially the following form: 1 21 In the District Court of Iowa 1 22 in and for ..... County. 1 23 In the Estate of Probate No. .... 1 24 ....., Deceased 1 25 NOTICE OF APPOINTMENT OF 1 26 ADMINISTRATOR AND 1 27 NOTICE TO CREDITORS 1 28 To All Persons Interested in the Estate of ....., Deceased, 1 29 who died on or about ..... (date): 1 30 You are hereby notified that on the .. day of ... (month), 1 31 ... (year), the undersigned was appointed administrator of the 1 32 estate. 1 33 Notice is hereby given that all persons indebted to 1 34 the estate are requested to make immediate payment to the 1 35 undersigned, and creditors having claims against the estate 2 1 shall file them with the clerk of the above=named district 2 2 court, as provided by law, duly authenticated, for allowance, 2 3 and, unless so filed by the later to occur of four months from 2 4 the second publication of this notice or one month from the 2 5 date of the mailing of this notice (unless otherwise allowed or 2 6 paid), a claim is thereafter forever barred. 2 7 Dated this .. day of ... (month), ... (year) 2 8 .................... 2 9 Administrator of the estate 2 10 .................... 2 11 Address 2 12 .................... 2 13 Attorney for the administrator 2 14 .................... 2 15 Address 2 16 Date of second publication 2 17 .. day of ... (month), ... (year) 2 18 (Date to be inserted by publisher) 2 19 Sec. 3. Section 633.304, subsection 2, Code 2017, is amended 2 20 to read as follows: 2 21 2. On admission of a will to probate, the executor, 2 22 as soon as letters are issued, shall cause notice to be 2 23 publishedonce each week for two consecutive weeks in a daily 2 24 or weekly newspaper of general circulation published in the 2 25 county in which the estate is pendingon the secretary of 2 26 state's internet site. At any time during the pendency of 2 27 administration that the executor has knowledge of the name 2 28 and address of a person believed to own or possess a claim 2 29 which will not or may not be paid or otherwise satisfied 2 30 during administration, the executor shall provide notice by 2 31 ordinary mail to each such claimant at the claimant's last 2 32 known address. The executor shall also, as soon as practicable 2 33 give notice, except to any executor, by ordinary mail to 2 34 the surviving spouse, each heir of the decedent, and each 2 35 devisee under the will admitted to probate whose identities 3 1 are reasonably ascertainable, at such persons' last known 3 2 addresses, of admission of the will to probate and of the 3 3 appointment of the executor. In the notice shall be included 3 4 a notice that any action to set aside the probate of the will 3 5 must be brought within the later to occur of four months 3 6 from the date of the second publication of the notice or one 3 7 month from the date of mailing of this notice or thereafter 3 8 be forever barred, a notice to debtors to make payment, and 3 9 a notice to creditors having claims against the estate to 3 10 file them with the clerk within four months from the second 3 11 publication of the notice, or thereafter be forever barred. 3 12 EXPLANATION 3 13 The inclusion of this explanation does not constitute agreement with 3 14 the explanation's substance by the members of the general assembly. 3 15 Under current law, the administrator of an intestate estate 3 16 and the executor of a will, as soon as letters are issued, are 3 17 required to publish notice of the probate proceeding once each 3 18 week for two consecutive weeks in a daily or weekly newspaper 3 19 of general circulation published in the county in which 3 20 the estate is pending. This bill provides that in lieu of 3 21 publication in newspapers, an administrator or an executor is 3 22 instead required to publish notice on the secretary of state's 3 23 internet site. The bill requires the secretary of state to 3 24 post such notices in a searchable database that, at a minimum, 3 25 is searchable by name of the decedent and the county in which 3 26 the estate is pending. LSB 2063YH (1) 87 jh/rj
