Bill Text: IA SF2169 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act relating to wills including witness testimony, distribution of property, and claims of personal representatives, and including retroactive and other applicability provisions. (Formerly SSB 3143.) Effective 7-1-14.

Spectrum: Committee Bill

Status: (Passed) 2014-03-26 - Signed by Governor. S.J. 651. [SF2169 Detail]

Download: Iowa-2013-SF2169-Enrolled.html

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Senate File 2169
AN ACT
RELATING TO WILLS INCLUDING WITNESS TESTIMONY, DISTRIBUTION
OF PROPERTY, AND CLAIMS OF PERSONAL REPRESENTATIVES, AND
INCLUDING RETROACTIVE AND OTHER APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 633.295, Code 2014, is amended to read
as follows:
633.295 Testimony of witnesses.
The proof may be made by the oral or written testimony of
one or more of the subscribing witnesses to the will. If such
testimony is in writing, it shall be substantially in the

Senate File 2169, p. 2
following form executed and sworn to before or after the death
of the decedent:
In the District Court of Iowa
In and for ...... County
In the Matter of the Estate of ......
...... , Deceased
Probate No. ....
Testimony of Subscribing
Witness on Probate of Will.
State of ...... )
...... County ) ss
I, ...... , being first duly sworn, state:
I reside in the County of ...... , State of ........ ; I knew
the identity of the testator on the .... day of ...... (month),
... (year), the date of the instrument, the original or exact
reproduction of which is attached hereto, now shown to me,
and purporting to be the last will and testament of the said
........ , deceased ; I am one of the subscribing witnesses
to said instrument; at the said date of said instrument, I
knew the identity of ...... , the other subscribing witness;
that said instrument was exhibited to me and to the other
subscribing witness by the testator, who declared the same to
be the testator’s last will and testament, and was signed by
the testator at .......... , in the County of ...... , State of
........ , on the date shown in said instrument, in the presence
of myself and the other subscribing witness; and the other
subscribing witness and I then and there, at the request of the
testator, in the presence of said testator and in the presence
of each other, subscribed our names thereto as witnesses.
...........
Name of witness
...........
Address
Subscribed and sworn to before me this ... day of ......
(month), ... (year)
...........
Notary Public in and for
(Stamp) the State of ......
Sec. 2. Section 633.356, Code 2014, is amended to read as
follows:
633.356 Distribution of property by affidavit.
1. When the gross value of the decedent’s personal property
that would otherwise be distributed by will or intestate

Senate File 2169, p. 3
succession does not exceed is or has been, at any time since
the decedent’s death, twenty-five thousand dollars or less
and there is no real property or the real property passes to
persons exempt from inheritance tax pursuant to section 450.9
as joint tenants with right full rights of survivorship, and if
forty days have elapsed since the death of the decedent, the a
successor of the decedent as defined in subsection 2 may, by
filing furnishing an affidavit prepared pursuant to subsection
3 or 8 , and without procuring letters of appointment, do any of
the following with respect to one or more particular items of
such personal property:
a. Receive any particular item of tangible personal property
of the decedent.
b. Have any evidence of a debt, obligation, interest,
right, security, or chose in action belonging to the decedent
transferred.
c. Collect the proceeds from any life insurance policy or
any other item of property for which a beneficiary has not been
designated.
2. “Successor of the decedent ” means:
a. If the decedent died testate, the reasonably
ascertainable beneficiary or beneficiaries who succeeded to
the particular item of property of the decedent under the
decedent’s will. For the purposes of this subsection the
trustee of a trust created during the decedent’s lifetime is a
beneficiary under the decedent’s will if the trust succeeds to
the particular item of property under the decedent’s will.
b. If the decedent died intestate, the reasonably
ascertainable person or persons who succeeded to the particular
item of property of the decedent under the laws of intestate
succession of this state.
c. If the decedent received medical assistance benefits from
the state, the Iowa Medicaid agency that provided the benefits
is a successor pursuant to subsection 8.
3. a. To collect money, receive tangible personal
property, or have evidences of intangible personal property
transferred under this chapter section , the a successor of
the decedent shall furnish to the holder of the decedent’s
property an affidavit under penalty of perjury stating all of
the following:
(1) The decedent’s name, social security number, and the
date and place of the decedent’s death.
(2) That at least forty days have elapsed since the death

Senate File 2169, p. 4
of the decedent, as shown by an attached certified copy of the
death certificate of the decedent.
(3) That the gross value of the decedent’s personal property
that would otherwise be distributed by will or intestate
succession does not exceed is, or has been at any time since
the decedent’s death, twenty-five thousand dollars or less
and there is no real property or the real property passes to
persons exempt from inheritance tax pursuant to section 450.9
as joint tenants with right full rights of survivorship.
(4) A general description of the property of the decedent
that is to be paid, transferred, or delivered to or for the
benefit of each successor.
(5) The name, address, and social security tax
identification number of the successor of the decedent to the
described property and relationship to the decedent of each
successor , and whether the any successor is under a legal
disability.
(6) If applicable pursuant to subsection 2, paragraph “a” ,
that the attached copy of the decedent’s will is the last will
of the decedent and has been admitted to probate or otherwise
filed in delivered to the office of a clerk of the district
court in accordance with Iowa law .
(7) That no persons other than those the successors listed
in the affidavit have a right to the interest of the decedent
in the described property.
(8) That the affiant requests that the described property
be paid, delivered, or transferred to the successors of the
decedent to the described property or for the benefit of each
successor .
(9) That the affiant affirms under penalty of perjury that
the affidavit is true and correct.
b. More than one person If there are two or more successors,
any of the successors may execute an affidavit under this
subsection .
4. a. If the decedent had evidence of ownership of the
property described in the affidavit and the holder of the
property would have the right to require presentation of the
evidence of ownership before the duty of the holder to pay,
deliver, or transfer the property to the decedent would have
arisen, the evidence of the ownership, if available, shall be
presented with the affidavit to the holder of the decedent’s
property.
b. If the evidence of ownership is not presented to the

Senate File 2169, p. 5
holder of the property, the holder may require, as a condition
for the payment, delivery, or transfer of the property, that
the successor affiant provide the holder with a bond in a
reasonable amount determined by the holder to be sufficient to
indemnify the holder against all liability, claims, demands,
loss, damages, costs, and expenses that the holder may incur
or suffer by reason of the payment, delivery, or transfer of
the property. This subsection does not preclude the holder
and the successor affiant from dispensing with the requirement
that a bond be provided, and instead entering into an agreement
satisfactory to the holder concerning the duty of the successor
affiant to indemnify the holder.
c. Judgments rendered by any court in this state and
mortgages belonging to a decedent whose personal property is
being distributed pursuant to this section may, without prior
order of court, be released, discharged, or assigned, in whole
or in part, as to any particular property, and deeds may be
executed in performance of real estate contracts entered into
by the decedent, where an affidavit made pursuant to subsection
3 or 8 is filed in the office of the county recorder of the
county wherein any judgment, mortgage, or real estate contract
appears of record.
5. Reasonable proof of the identity of each successor of the
decedent seeking distribution by virtue of the affidavit shall
be provided to the satisfaction of the holder of the decedent’s
property.
6. a. If the requirements of this section are satisfied:
(1) The property described in the affidavit shall be paid,
delivered, or transferred to the or for the benefit of each
successor of the decedent’s interest in the property .
(2) A transfer agent of a security described in the
affidavit shall change registered ownership on the books of
the corporation from the decedent to the person listed on the
affidavit as the or for the benefit of each successor of the
decedent’s interest .
(3) The holder of the property may return the attached
certified copy of the decedent’s death certificate to the
affiant.
b. If the holder of the decedent’s property refuses to
pay, deliver, or transfer any property or evidence thereof to
or for the benefit of the successor of the decedent within a
reasonable time, the a successor may recover the property or
compel its payment, delivery, or transfer in an action brought

Senate File 2169, p. 6
for that purpose against the holder of the property. If an
action is brought against the holder under this subsection ,
the court shall award attorney’s attorney fees to the person
bringing the action if the court finds that the holder of the
decedent’s property acted unreasonably in refusing to pay,
deliver, or transfer the property to or for the person benefit
of the successor as required by this subsection .
7. a. If the requirements of this section are satisfied,
receipt by the holder of the decedent’s property of the
affidavit under subsection 3 or 8 constitutes sufficient
acquittance for the payment of money, delivery of property, or
transferring the registered ownership of property pursuant to
this chapter section and discharges the holder from any further
liability with respect to the money or property. The holder
may rely in good faith on the statements in the affidavit and
has no duty to inquire into the truth of any statement in the
affidavit.
b. If the requirements of this section are satisfied, the
holder is not liable for any debt owed by the decedent by
reason of paying money, delivering property, or transferring
registered ownership of property pursuant to this chapter
section . If an action is brought against the holder under this
section, the court shall award attorney fees to the holder if
the court finds that the holder acted reasonably in paying,
delivering, or transferring the property as required by this
section.
8. a. When a deceased distributee is entitled to money
or property claimed in an affidavit presented under this
section with respect to a deceased person whose estate is
being administered in this state, the personal representative
of the person whose estate is being administered shall
present the affidavit to the court in which the estate is
being administered. The court shall direct the personal
representative to pay the money or deliver the property to the
person identified by the affidavit as the successor of the
deceased distributee to the extent that the court determines
that the deceased distributee was entitled to the money or
property under the will or the laws of intestate succession.
If an affidavit, executed under this section for a deceased
distributee of an estate being administered in this state, is
filed with the clerk of the district court in which the estate
is being administered, the court shall direct the personal
representative to pay the money or deliver the property to

Senate File 2169, p. 7
or for the benefit of each successor to the extent the court
determines that the deceased distributee would have been
entitled to money or property of the estate.
b. When the department of human services is entitled to
money or property of a decedent pursuant to section 249A.53,
subsection 2 , and no affidavit has been presented by a
successor of the decedent as defined in subsection 2 , paragraph
“a” or “b” , within ninety days of the date of the decedent’s
death, the funds in the account or other property, up to the
amount of the claim of the department, shall be paid to the
department upon presentation by the department or an entity
designated by the department of an affidavit to the holder
of the decedent’s property. Such affidavit shall include
the information specified in subsection 3 , except that the
department may submit proof of payment of funeral expenses as
verification of the decedent’s death instead of a certified
copy of the decedent’s death certificate. The amount of the
department’s claim shall also be included in the affidavit,
which shall entitle the department to receive the funds as
a successor of the decedent . The department shall issue a
refund within sixty days to any claimant with a superior
priority pursuant to section 633.425 , if notice of such claim
is given to the department, or to the entity designated by
the department to receive notice, within one year of the
department’s receipt of funds. This paragraph shall apply to
funds or property of the decedent transferred to the custody
of the treasurer of state as unclaimed property pursuant to
chapter 556 .
9. The procedure provided by this section may be used only
if no administration of the decedent’s estate is pending.
10. Upon receipt of an affidavit under subsection 3 and
reasonable proof under subsection 5 of the identity of each
successor seeking distribution by virtue of the affidavit, the
holder of the property shall disclose to the affiant whether
the value of the property held by the holder is, or has been
at any time since the decedent’s death, twenty-five thousand
dollars or less. An affidavit furnished for the purpose of
determining whether the value of the property is, or has been
at any time since the decedent’s death, twenty-five thousand
dollars or less need not contain the language required under
subsection 3, paragraph “a” , subparagraph (3), but shall state
that the affiant reasonably believes that the gross value
of the decedent’s personal property that would otherwise be

Senate File 2169, p. 8
distributed by will or intestate succession is, or has been
at any time since the decedent’s death, twenty-five thousand
dollars or less and there is no real property or the real
property passes to persons exempt from inheritance tax as joint
tenants with full rights of survivorship.
Sec. 3. Section 633.432, Code 2014, is amended to read as
follows:
633.432 Allowance or disallowance of claim of personal
representative.
1. The A temporary administrator appointed pursuant to
section 633.431 shall, after upon investigation, file a report
with the court recommending the allowance or disallowance
of such a claim filed pursuant to section 633.431 . The
recommendation may, but need not, include information on the
substantive merits of allowing or disallowing the claim.
The recommendation shall include a statement that, upon
investigation, a legitimate dispute either does or does not
exist as to such a claim.
2. Unless the court allows the claim, it the claim shall
then be disposed of as a contested claim in accordance with the
provisions of sections 633.439 to 633.448 .
Sec. 4. 2013 Iowa Acts, chapter 33, section 9, is amended
to read as follows:
SEC. 9. APPLICABILITY.
1. The sections of this Act amending sections 633.273A , and
633.279 , and 633.295 apply to estates of decedents dying on or
after July 1, 2013.
1A. The section of this Act amending section 633.295 applies
to wills executed on or after July 1, 2013.
2. The sections of this Act amending sections 633.290 and
635.1 apply to petitions filed on or after July 1, 2013.
3. The section of this Act amending section 633.575 applies
to all judicial proceedings held on or after July 1, 2013, in
which an order for the appointment of a conservatorship is
sought or has been issued.
4. The section of this Act amending section 633A.4504
applies retroactively to all reports and accountings provided
by a trustee, unless an exception applies, to one year from
July 1, 2000.
Sec. 5. APPLICABILITY. The section of this Act amending
section 633.295 applies to wills executed on or after July 1,
2014.
Sec. 6. RETROACTIVE APPLICABILITY. The section of this Act

Senate File 2169, p. 9
amending 2013 Iowa Acts, chapter 33, section 9, is applicable
retroactively to July 1, 2013.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2169, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor