Bill Text: IA HF639 | 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 HF 252 & HSB 28.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-01-08 - Rereferred to Ways and Means. H.J. 20. [HF639 Detail]

Download: Iowa-2017-HF639-Introduced.html

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House File 639 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO HF 252)
                                 (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:
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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    0a.  For services performed in probate administration of
  1 10 the estate of a decedent under the provisions of this chapter,
  1 11 where the value of the personal property and real estate of
  1 12 such a person falls within the following indicated amounts, the
  1 13 court costs opposite such amount shall be charged:
  1 14    (1)  Up to $5,000,000.00$ 185.00
  1 15    (2)  Greater than $5,000,000.00$ 250.00
  1 16    a.  For services performed in short form probates pursuant
  1 17 to sections 450.22 and 450.44$ 15.00
  1 18    b.  For services performed in probate of
  1 19 will without administration $ 15.00
  1 20    c.  For filing and indexing a transcript$ 50.00
  1 21    d.  For taking and approving a bond, or
  1 22 the sureties on a bond $ 20.00
  1 23    e.  For entering a rule or order $ 10.00
  1 24    f.  For certificate and seal $ 10.00
  1 25    g.  For making a complete record where
  1 26 real estate is sold  per 100 words $   .20
  1 27    h.  For making a transcript or copies of
  1 28 orders or records filed in
  1 29 the clerk's office  per 100 words $   .50
  1 30    i.  For certifying change of title $ 20.00
  1 31    j.  For issuing commission to
  1 32 appraisers $  2.00
  1 33    k.  For other services performed in the settlement of the
  1 34 estate of any decedent, minor, person with mental illness, or
  1 35 other persons laboring under legal disability, except where
  2  1 actions are brought by the administrator, guardian, trustee,
  2  2 or person acting in a representative capacity or against that
  2  3 person, or as may be otherwise provided herein, where the value
  2  4 of the personal property and real estate of such a person falls
  2  5 within the following indicated amounts, the fee court costs
  2  6  opposite such amount shall be charged, in accordance with
  2  7 subsection 3.
  2  8    (1)  Up to $3,000.00 $  5.00
  2  9    (2)  $3,000.00 to $5,000.00 $ 10.00
  2 10    (3)  $5,000.00 to $7,000.00 $ 15.00
  2 11    (4)  $7,000.00 to $10,000.00 $ 20.00
  2 12    (5)  $10,000.00 to $15,000.00 $ 25.00
  2 13    (6)  $15,000.00 to $25,000.00 $ 30.00
  2 14    (7)  For each additional $25,000.00 or
  2 15  major fraction thereof $ 50.00
  2 16    l.  For services performed in small
  2 17  estate administration $ 15.00
  2 18  185.00
  2 19    3.  a.  For purposes of determining the court costs set
  2 20 forth in subsection 2, paragraphs "0a" and "k", the "value of
  2 21 the personal property and real estate of such a person" means
  2 22 the gross assets of the estate listed in the probate inventory
  2 23 minus the following, unless the proceeds of such assets are
  2 24 payable to  the estate:
  2 25    (1)  Joint tenancy property.
  2 26    (2)  Transfers during such person's lifetime.
  2 27    (3)  Assets payable to beneficiaries, including but not
  2 28 limited to life insurance, annuities, individual retirement
  2 29 accounts, retirement plans, transfer on death accounts, and
  2 30 payable on death accounts. 
  2 31    b.  The fee court costs set forth in subsection 2, paragraph
  2 32 "k", shall not be charged on any property transferred to a
  2 33 testamentary trust from an estate that has been administered
  2 34 in this state and for which court costs have been assessed and
  2 35 paid.
  3  1    c.  The court costs set forth in subsection 2, paragraph "k",
  3  2 shall not be charged on any property transferred to an estate
  3  3 from a conservatorship that has been administered in this state
  3  4 and for which court costs have been assessed and paid.
  3  5    Sec. 2.  APPLICABILITY.  This Act applies to estates of
  3  6 decedents dying on or after January 1, 2018.
  3  7                           EXPLANATION
  3  8 The inclusion of this explanation does not constitute agreement with
  3  9 the explanation's substance by the members of the general assembly.
  3 10    This bill relates to the court costs the clerk of probate
  3 11 court charges and collects in connection with probate matters.
  3 12    The bill provides that for services performed in probate
  3 13 administration of an estate under the provisions of Code
  3 14 chapter 633, the court costs are $185 if the value of the
  3 15 estate is $5 million or less, and $250 if the value of the
  3 16 estate exceeds $5 million.  The bill provides that joint
  3 17 tenancy property, property transfers made during the decedent's
  3 18 lifetime, and assets payable to beneficiaries are to be
  3 19 excluded from the value of the decedent's estate for purposes
  3 20 of determining the court costs, unless the proceeds of such
  3 21 assets are payable to the estate.
  3 22    Under current law, a fee of $10 is charged for the entering
  3 23 of a rule or order in connection with a probate matter.  The
  3 24 bill strikes this provision.
  3 25    Under current law, a fee of $15 is charged for services
  3 26 performed in connection with the administration of small
  3 27 estates (Code chapter 635).  The bill increases the cost for
  3 28 such services to $185.
  3 29    Under current law, Code section 633.31(2)(k) provides a
  3 30 sliding scale fee for services performed in connection with the
  3 31 settlement of an estate based upon the value of the decedent's
  3 32 estate. The bill provides that joint tenancy property,
  3 33 property transfers made during the person's lifetime, and
  3 34 assets payable to beneficiaries are to be excluded from the
  3 35 value of the decedent's estate for purposes of determining the
  4  1 fee, described as court costs in the bill, unless the proceeds
  4  2 of such assets are payable to the estate.
  4  3    Additionally, the bill provides that the court costs due
  4  4 to the clerk pursuant to Code section 633.31(2)(k) shall not
  4  5 be charged on any property transferred to an estate from a
  4  6 conservatorship that has been administered in Iowa and for
  4  7 which court costs have been assessed and paid.
  4  8    The bill applies to estates of decedents dying on or after
  4  9 January 1, 2018.
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