Bill Text: IA SF2098 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to probate, by amending the probate powers of the clerk and conforming the probate procedures to electronic data management systems standards. (Formerly SSB 3010.) Effective 7-1-18.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2018-03-28 - Signed by Governor. S.J. 812. [SF2098 Detail]

Download: Iowa-2017-SF2098-Enrolled.html

Senate File 2098 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  3010)
 \5
                                   A BILL FOR
 \1
                                       Senate File 2098

                             AN ACT
 RELATING TO PROBATE, BY AMENDING THE PROBATE POWERS
    OF THE CLERK AND CONFORMING THE PROBATE PROCEDURES TO
    ELECTRONIC DATA MANAGEMENT SYSTEMS STANDARDS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 633.22, Code 2018, is amended to read as
 follows:
    633.22  Probate powers of clerk.
    The clerk shall have and may exercise within the county
 all the powers and jurisdiction of the court and of the judge
 thereof, in the following matters:
    1.  The appointment of personal representatives who are
 residents of the state, guardians and conservators for minors,
 the fixing and determining of the amount of the bond, or
 waiving the same when permitted by law or by will, and the
 approval of any and all bonds given by fiduciaries in the
 discharge of their duties. 
    2.  1.  The examination and approval of all intermediate and
 interlocutory accounts and reports of fiduciaries under this
 chapter and converting and closing small estates under chapter
 635.
    3.  The admission of wills of decedents to probate, when
 not contested, and the making of necessary orders in relation
 thereto, including orders for the issuance of commissions to
 take depositions. Proof may be made before the clerk in the
 same manner as is made in open court.
    4.  The making of all necessary orders in relation to the
 personal effects of a deceased person, where no objection
 is filed, and perform all other acts within the clerk's
 jurisdiction, as provided in this probate code.
    5.  The approval, when notice has been waived by all persons
 interested, of petitions and reports, or joint petitions and
 reports, in respect to the sale, mortgage, pledge, lease or
 exchange of property pursuant to sections 633.386 to 633.400. 
    6.  2.  The entering of routine scheduling orders in probate
 matters as established by the chief judge in each judicial
 district.
    Sec. 2.  Section 633.27, Code 2018, is amended to read as
 follows:
    633.27  Probate docket.
    The clerk shall keep a book an electronic record to be known
 as the "Probate Docket", which shall show:
    1.  The name of every deceased person whose estate is
 administered or whose will is admitted to probate, and the date
 of the person's death.
    2.  The name of each person as to whom application for
 conservatorship or guardianship is made.
    3.  The names of all the heirs in intestate estates and the
 surviving spouse of such deceased intestate, and their ages
  whether each person is an adult or a minor and places each
 person's place of residence, so far as they can be ascertained.
    4.  The title of each trust described in section 633.10
 that has not been released by the court from continuous court
 supervision.
    5.  A note of every sale of real estate made under the order
 of the court, with a reference to the volume and page of the
 record where a complete record thereof may be found.
    Sec. 3.  Section 633.42, Code 2018, is amended to read as
 follows:
    633.42  Requests for notice.
    1.  At any time after the issuance of letters of appointment,
 any interested person in the proceeding may file with the
 clerk a written request for notice of the time and place of
 all hearings in such proceeding for which notice is required
 by law, by rule of court, or by an order in such proceeding.
 The request for notice shall state the name, electronic mail
 address, and post office address of the requester, and the
 name of the requester's attorney, if any, and the reason the
 requester is an interested person in the proceeding.  The
 request for notice shall provide the requester's post office
 address, and if available, the requester's electronic mail
 address and telephone number. The request for notice shall
 also provide the requester's attorney's post office address,
 electronic mail address, and telephone number.  The clerk shall
 docket the request. Thereafter, unless otherwise ordered by
 the court, the fiduciary shall serve by ordinary or electronic
 mail a notice of each hearing upon such requester and the
 requester's attorney, if any.
    2.  A person does not gain standing by filing a request for
 notice under this section.
    Sec. 4.  Section 633.82, Code 2018, is amended to read as
 follows:
    633.82  Designation of attorney.
    The designation of the attorney employed by the fiduciary
 to assist in the administration of the estate shall be filed
 in the estate proceedings. The designation shall state the
 attorney's name, post office address, electronic mail address,
  and telephone number. The designation shall clearly state
 the name of the attorney who is in charge of the case and the
 attorney's name shall not be listed by firm name only.
    Sec. 5.  Section 633.306, Code 2018, is amended to read as
 follows:
    633.306  Record in foreign county.
    Whenever it shall appear that the testator died seized of
 real estate located in a county of this state other than that
 in which probate is granted, a complete transcript, properly
 authenticated, of the record entry of the order of court
 admitting the will to probate, and, if a copy of such will is
 not contained therein, a certified copy of such will shall be
 attached thereto, and the same shall be filed by the clerk in
 the office of the clerk of the district court in such other
 county, who shall cause the same to be entered in the probate
 docket, and said transcript shall be recorded in full in the
 book electronic record kept for the recording of wills in such
 county. When so recorded, such record may be read in evidence
 in all courts without further proof.
    Sec. 6.  Section 633.418, Code 2018, is amended to read as
 follows:
    633.418  Form and verification of claims == general
 requirements.
    No claim shall be allowed against an estate on application of
 the claimant unless it shall be in writing, filed in duplicate
  with the clerk, stating the claimant's name, and address, and
 if available, telephone number and electronic mail address,
  describing the nature and the amount thereof, if ascertainable,
 and accompanied by the affidavit of the claimant, or someone
 for the claimant, that the amount is justly due, or if not yet
 due, when it will or may become due, that no payments have been
 made thereon which are not credited, and that there are no
 offsets to the same, to the knowledge of the affiant, except as
 therein stated. If the claim is contingent, the nature of the
 contingency shall also be stated. The duplicate of said claim
 shall be mailed by the clerk to the personal representative or
 the personal representative's attorney of record.
    Sec. 7.  REPEAL.  Section 633.72, Code 2018, is repealed.
    Sec. 8.  APPLICABILITY.  The following apply July 1, 2018, to
 actions of the clerk of the probate court completed on or after
 that date:
    1.  The section of this Act amending section 633.22.
    2.  The section of this Act amending section 633.27.
    3.  The section of this Act amending section 633.306.
    Sec. 9.  APPLICABILITY.  The following applies July 1, 2018,
 to notices served on or after that date:
    The section of this Act repealing section 633.72.
    Sec. 10.  APPLICABILITY.  The following apply July 1, 2018,
 to probate filings made on or after that date:
    1.  The section of this Act amending section 633.42.
    2.  The section of this Act amending section 633.82.
    3.  The section of this Act amending section 633.418.


                                                             
                               JACK WHITVER
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2098, Eighty=seventh General Assembly.


                                                             
                               W. CHARLES SMITHSON
                               Secretary of the Senate
 Approved                , 2018


                                                             
                               KIM REYNOLDS
                               Governor

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