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: Committee Bill
Status: (Introduced - Dead) 2018-03-19 - Withdrawn.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: TLSB 5193SV (1) 87 asf/rj 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=fivefifty 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=fivefifty 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=fivefifty 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=fivefifty 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=fivefifty 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. LSB 5193SV (1) 87 asf/rj
