Senate File 2098 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
3010)
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A BILL FOR
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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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