Bill Text: IA SF2285 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to probate by the distribution of decedent’s property by affidavit, requiring certain affirmations in the affidavit, and including an applicability provision. (Formerly SSB 3007.)

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2018-03-19 - Withdrawn. S.J. 705. [SF2285 Detail]

Download: Iowa-2017-SF2285-Introduced.html

Senate File 2285 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3007)

                                 (COMPANION TO HF 2125
                                     BY COMMITTEE ON
                                     JUDICIARY)

                                      A BILL FOR

  1 An Act relating to probate by the distribution of decedent's
  2    property by affidavit, requiring certain affirmations in the
  3    affidavit, and including an applicability provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 633.356, subsections 1, 3, and 10, Code
  1  2 2018, are amended to read as follows:
  1  3    1.  When the gross value of the decedent's personal property
  1  4 that would otherwise be distributed by will or intestate
  1  5 succession is or has been, at any time since the decedent's
  1  6 death, twenty=five fifty thousand dollars or less and there
  1  7 is no real property or the real property passes to persons
  1  8 exempt from inheritance tax as joint tenants with full rights
  1  9 of survivorship, and if forty days have elapsed since the death
  1 10 of the decedent, a successor as defined in subsection 2 may, by
  1 11 furnishing an affidavit prepared pursuant to subsection 3 or
  1 12 8, and without procuring letters of appointment, do any of the
  1 13 following with respect to one or more items of such personal
  1 14 property:
  1 15    a.  Receive any item of tangible personal property of the
  1 16 decedent.
  1 17    b.  Have any evidence of a debt, obligation, interest,
  1 18 right, security, or chose in action belonging to the decedent
  1 19 transferred.
  1 20    c.  Collect the proceeds from any life insurance policy or
  1 21 any other item of property for which a beneficiary has not been
  1 22 designated.
  1 23    3.  a.  To collect money, receive tangible personal property,
  1 24 or have evidences of intangible personal property transferred
  1 25 under this section, a successor shall furnish to the holder of
  1 26 the decedent's property an affidavit under penalty of perjury
  1 27 stating all of the following:
  1 28    (1)  The decedent's name, social security number, and date
  1 29 and place of death.
  1 30    (2)  That at least forty days have elapsed since the death
  1 31 of the decedent, as shown by an attached certified copy of the
  1 32 death certificate of the decedent.
  1 33    (3)  That the gross value of the decedent's personal property
  1 34 that would otherwise be distributed by will or intestate
  1 35 succession is, or has been at any time since the decedent's
  2  1 death, twenty=five fifty thousand dollars or less and there is
  2  2 no real property or the real property passes to persons exempt
  2  3 from inheritance tax as joint tenants with full rights of
  2  4 survivorship.
  2  5    (4)  A general description of the property of the decedent
  2  6 that is to be paid, transferred, or delivered to or for the
  2  7 benefit of each successor.
  2  8    (5)  The name, address, tax identification number and
  2  9 relationship to the decedent of each successor, and whether any
  2 10 successor is under a legal disability.
  2 11    (6)  If applicable pursuant to subsection 2, paragraph "a",
  2 12 that the attached copy of the decedent's will is the last will
  2 13 of the decedent and has been delivered to the office of a clerk
  2 14 of the district court in accordance with Iowa law.
  2 15    (7)  That no persons other than the successors listed in the
  2 16 affidavit have a right to the interest of the decedent in the
  2 17 described property.
  2 18    (8)  That the affiant requests that the described property be
  2 19 paid, delivered, or transferred to or for the benefit of each
  2 20 successor.
  2 21    (9)  That no debt is owed to the department of human services
  2 22 for reimbursement of Medicaid benefits; or if debt is owed,
  2 23 that the debt will be paid to the extent of funds received
  2 24 pursuant to the affidavit.
  2 25    (10)  That no inheritance or other taxes are owed to the
  2 26 department of revenue, or if taxes are owed, that the taxes
  2 27 will be paid to the extent of funds received pursuant to the
  2 28 affidavit.
  2 29    (11)  That creditors, if any, will be paid to the extent of
  2 30 funds received pursuant to the affidavit.
  2 31    (9)  (12)  That the affiant affirms under penalty of perjury
  2 32 that the affidavit is true and correct.
  2 33    b.  If there are two or more successors, any of the
  2 34 successors may execute an affidavit under this subsection.
  2 35    10.  Upon receipt of an affidavit under subsection 3 and
  3  1 reasonable proof under subsection 5 of the identity of each
  3  2 successor seeking distribution by virtue of the affidavit, the
  3  3 holder of the property shall disclose to the affiant whether
  3  4 the value of the property held by the holder is, or has been at
  3  5 any time since the decedent's death, twenty=five fifty thousand
  3  6 dollars or less. An affidavit furnished for the purpose of
  3  7 determining whether the value of the property is, or has been
  3  8 at any time since the decedent's death, twenty=five fifty
  3  9  thousand dollars or less need not contain the language required
  3 10 under subsection 3, paragraph "a", subparagraph (3), but shall
  3 11 state that the affiant reasonably believes that the gross value
  3 12 of the decedent's personal property that would otherwise be
  3 13 distributed by will or intestate succession is, or has been at
  3 14 any time since the decedent's death, twenty=five fifty thousand
  3 15 dollars or less and there is no real property or the real
  3 16 property passes to persons exempt from inheritance tax as joint
  3 17 tenants with full rights of survivorship.
  3 18    Sec. 2.  APPLICABILITY.  This Act applies to estates of
  3 19 decedents dying on or after July 1, 2018.
  3 20                           EXPLANATION
  3 21 The inclusion of this explanation does not constitute agreement with
  3 22 the explanation's substance by the members of the general assembly.
  3 23    This bill amends probate Code section 633.356 to allow
  3 24 for the distribution of decedent's property by affidavit in
  3 25 estates as large as $50,000. Under current law, only property
  3 26 in estates that are $25,000 or less are able to be distributed
  3 27 by affidavit. The bill changes the affidavit requirement to
  3 28 require the affiant to attest the property is valued at $50,000
  3 29 or less.
  3 30    The bill also adds components to the affidavit that the
  3 31 successor must furnish to the holder of the decedent's property
  3 32 in order to collect money, receive tangible personal property,
  3 33 or have evidences of intangible personal property transferred
  3 34 under Code section 633.356.  The affidavit must indicate that
  3 35 there is no debt owed to the department of human services for
  4  1 reimbursement of Medicaid benefits; or if there is, it will be
  4  2 paid to the extent of funds received pursuant to the affidavit.
  4  3 The affidavit must also indicate that there are no inheritance
  4  4 or other taxes owed to the department of revenue, or if there
  4  5 are, they will be paid to the extent of funds received pursuant
  4  6 to the affidavit.  Finally, the affidavit must indicate that
  4  7 creditors, if any, will be paid to the extent of funds received
  4  8 pursuant to the affidavit.
  4  9    The bill applies to estates of decedents dying on or after
  4 10 July 1, 2018.
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