Bill Text: IA SF361 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to estates and trusts and including retroactive and other applicability provisions. (Formerly SSB 1214.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF361 Detail]
Download: Iowa-2013-SF361-Introduced.html
Senate
File
361
-
Introduced
SENATE
FILE
361
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1214)
A
BILL
FOR
An
Act
relating
to
estates
and
trusts
and
including
retroactive
1
and
other
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
633.273A
Disposition
of
failed
1
devise.
2
Unless
from
the
terms
of
the
will
the
intent
is
clear
and
3
explicit
to
the
contrary,
and
except
as
provided
in
section
4
633.273:
5
1.
A
devise,
other
than
a
residuary
devise,
that
fails
for
6
any
reason
becomes
a
part
of
the
residuary
estate.
7
2.
If
the
residuary
estate
is
devised
to
two
or
more
8
persons,
the
share
of
a
residuary
devisee
that
fails
for
any
9
reason
passes
to
the
other
residuary
devisee
or
to
the
other
10
residuary
devisees
in
proportion
to
the
interest
of
each
in
the
11
remaining
part
of
the
residuary
estate.
12
Sec.
2.
Section
633.279,
subsection
2,
paragraph
a,
Code
13
2013,
is
amended
by
striking
the
paragraph
and
inserting
in
14
lieu
thereof
the
following:
15
a.
An
attested
will
may
be
made
self-proved
at
the
time
of
16
its
execution,
or
at
any
subsequent
date,
by
the
acknowledgment
17
thereof
by
the
testator
and
the
affidavits
of
the
witnesses,
18
each
made
before
a
person
authorized
to
administer
oaths
19
and
take
acknowledgments
under
the
laws
of
this
state,
and
20
evidenced
by
such
person’s
certificate,
under
seal,
attached
21
or
annexed
to
the
will,
in
form
and
content
substantially
as
22
follows:
23
Affidavit
24
State
of
......
)
25
County
of
......
)
ss
26
We,
the
undersigned,
.......
,
.......
and
.........
,
the
27
testator
and
the
witnesses,
respectively,
whose
names
are
28
signed
to
the
attached
or
foregoing
instrument,
being
first
29
duly
sworn,
declare
to
the
undersigned
authority
that
at
the
30
date
of
the
instrument,
we
all
knew
the
identity
of
each
other;
31
the
instrument
was
exhibited
to
the
witnesses
by
the
testator,
32
who
declared
it
to
be
the
testator’s
last
will
and
testament
33
and
was
signed
by
the
testator
or
by
another
at
the
direction
34
of
the
testator
at
........
,
in
the
County
of
......
,
State
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of
......
,
on
the
date
shown
in
the
instrument,
and
in
the
1
presence
of
each
other
as
subscribing
witnesses;
that
we,
as
2
witnesses,
declare
to
the
undersigned
authority
that
in
our
3
presence
the
testator
executed
and
acknowledged
such
will
as
4
the
testator’s
will
and
that
we,
in
the
testator’s
presence,
at
5
the
testator’s
request,
and
in
the
presence
of
each
other,
did
6
subscribe
our
names
thereto
as
attesting
witnesses
on
the
date
7
of
such
will;
and
that
the
witnesses
were
sixteen
years
of
age
8
or
older.
9
............................
10
Testator
11
............................
12
Witness
13
............................
14
Witness
15
............................
16
Subscribed,
sworn
and
acknowledged
before
me
by
........
,
the
17
testator;
and
subscribed
and
sworn
before
me
by
........
and
18
.......
,
witnesses,
this
...
day
of
......
(month),
...
(year)
19
.....................................
20
.............................
21
Notary
Public,
or
other
notarial
22
officer
authorized
to
take
23
(Stamp)
and
certify
acknowledgments
24
and
administer
oaths
25
Sec.
3.
Section
633.290,
Code
2013,
is
amended
to
read
as
26
follows:
27
633.290
Petition
for
probate
of
will
Petitions
after
death
28
of
testator
.
29
1.
At
the
time
the
will
of
a
decedent
is
filed
with
the
30
clerk,
or
thereafter,
After
the
death
of
the
testator,
any
31
interested
person
may
file
a
verified
petition
in
the
district
32
court
of
the
proper
county
for
any
of
the
following
:
33
1.
a.
To
have
the
will
admitted
to
probate
;
.
34
2.
b.
For
the
appointment
of
the
executor.
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c.
To
request
a
hearing
before
the
will
is
admitted
to
1
probate.
2
d.
To
request
a
hearing
before
the
appointment
of
the
3
executor.
4
e.
For
the
production
of
the
purported
will
of
the
decedent
5
to
be
filed
by
the
person
believed
by
the
petitioner
to
be
in
6
possession
of
the
will.
7
2.
A
petition
for
probate
may
be
combined
with
a
petition
8
for
appointment
of
the
executor,
and
any
person
interested
9
in
either
the
probate
of
a
will
or
in
the
appointment
of
10
the
executor,
may
petition
for
both
Petitions
for
any
of
the
11
reasons
specified
in
subsection
1
may
be
combined
.
12
Sec.
4.
Section
633.295,
Code
2013,
is
amended
to
read
as
13
follows:
14
633.295
Testimony
of
witnesses.
15
The
proof
may
be
made
by
the
oral
or
written
testimony
of
16
one
or
more
of
the
subscribing
witnesses
to
the
will.
If
such
17
testimony
is
in
writing,
it
shall
be
substantially
in
the
18
following
form
executed
and
sworn
to
after
the
death
of
the
19
decedent:
20
In
the
District
Court
of
Iowa
21
In
and
for
......
County
22
In
the
Matter
of
the
Estate
of
......
23
......
,
Deceased
24
Probate
No.
....
25
Testimony
of
Subscribing
26
Witness
on
Probate
of
Will.
27
State
of
......
)
28
......
County
)
ss
29
I,
......
,
being
first
duly
sworn,
state:
30
I
reside
in
the
County
of
......
,
State
of
........
;
I
knew
31
the
identity
of
the
testator
on
the
....
day
of
......
(month),
32
...
(year),
the
date
of
the
instrument,
the
original
or
exact
33
reproduction
of
which
is
attached
hereto,
now
shown
to
me,
34
and
purporting
to
be
the
last
will
and
testament
of
the
said
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........
,
deceased;
I
am
one
of
the
subscribing
witnesses
1
to
said
instrument;
at
the
said
date
of
said
instrument,
I
2
knew
the
identity
of
......
,
the
other
subscribing
witness;
3
that
said
instrument
was
exhibited
to
me
and
to
the
other
4
subscribing
witness
by
the
testator,
who
declared
the
same
to
5
be
the
testator’s
last
will
and
testament,
and
was
signed
by
6
the
testator
at
..........
,
in
the
County
of
......
,
State
of
7
........
,
on
the
date
shown
in
said
instrument,
in
the
presence
8
of
myself
and
the
other
subscribing
witness;
and
the
other
9
subscribing
witness
and
I
then
and
there,
at
the
request
of
the
10
testator,
in
the
presence
of
said
testator
and
in
the
presence
11
of
each
other,
subscribed
our
names
thereto
as
witnesses.
12
...........
13
Name
of
witness
14
...........
15
Address
16
Subscribed
and
sworn
to
before
me
this
...
day
of
......
17
(month),
...
(year)
18
...........
19
Notary
Public
in
and
for
20
(Stamp)
the
State
of
......
21
Sec.
5.
Section
633.356,
subsection
3,
paragraph
c,
Code
22
2013,
is
amended
to
read
as
follows:
23
c.
That
the
gross
value
of
the
decedent’s
personal
property
24
that
would
otherwise
be
distributed
by
will
or
intestate
25
succession
does
not
exceed
twenty-five
thousand
dollars
and
26
there
is
no
real
property
or
the
real
property
passes
to
27
persons
exempt
from
inheritance
tax
pursuant
to
section
450.9
28
as
joint
tenants
with
right
of
survivorship.
29
Sec.
6.
Section
633.575,
Code
2013,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
7.
If
the
court
determines
upon
application
32
that
it
is
appropriate
or
necessary,
the
court
may
order
that
33
the
attorney
appointed
pursuant
to
this
section
be
given
copies
34
of
and
access
to
the
proposed
ward’s
health
information
by
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describing
with
reasonable
specificity
the
health
information
1
to
be
disclosed
or
accessed,
for
the
purpose
of
fulfilling
the
2
attorney’s
responsibilities
pursuant
to
this
section.
3
Sec.
7.
Section
633A.4504,
subsection
3,
Code
2013,
is
4
amended
to
read
as
follows:
5
3.
Any
claim
for
breach
of
trust
against
a
trustee
who
6
has
presented
an
accounting
or
report
to
a
beneficiary
more
7
than
one
year
prior
to
July
1,
2011
2000
,
shall
be
time
barred
8
unless
some
exception
stated
in
this
section
applies
which
9
tolls
the
statute.
Any
claim
arising
under
this
section
within
10
one
year
of
July
1,
2011
2000
,
shall
be
time
barred
after
one
11
year
unless
an
exception
applies
to
toll
the
statute.
12
Sec.
8.
Section
635.1,
Code
2013,
is
amended
to
read
as
13
follows:
14
635.1
When
applicable.
15
When
the
gross
value
of
the
probate
assets
of
a
decedent
16
subject
to
the
jurisdiction
of
this
state
does
not
exceed
one
17
hundred
thousand
dollars,
and
upon
a
petition
as
provided
in
18
section
635.2
of
an
authorized
petitioner
in
accordance
with
19
section
sections
633.227
,
and
633.228
,
or
section
633.290
,
20
subsection
1,
paragraph
“a”
or
“b”
,
the
clerk
shall
issue
21
letters
of
appointment
for
administration
to
the
proposed
22
personal
representative
named
in
the
petition,
if
qualified
to
23
serve
pursuant
to
section
633.63
or
upon
court
order
pursuant
24
to
section
633.64
.
Unless
otherwise
provided
in
this
chapter
,
25
the
provisions
of
chapter
633
apply
to
an
estate
probated
26
pursuant
to
this
chapter
.
27
Sec.
9.
APPLICABILITY.
28
1.
The
sections
of
this
Act
amending
sections
633.273A,
29
633.279,
and
633.295
apply
to
estates
of
decedents
dying
on
or
30
after
July
1,
2013.
31
2.
The
sections
of
this
Act
amending
sections
633.290
and
32
635.1
apply
to
petitions
filed
on
or
after
July
1,
2013.
33
3.
The
section
of
this
Act
amending
section
633.575
applies
34
to
all
judicial
proceedings
held
on
or
after
July
1,
2013,
in
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which
an
order
for
the
appointment
of
a
conservatorship
is
1
sought
or
has
been
issued.
2
4.
The
section
of
this
Act
amending
section
633A.4504
3
applies
retroactively
to
all
reports
and
accountings
provided
4
by
a
trustee,
unless
an
exception
applies,
to
one
year
from
5
July
1,
2000.
6
EXPLANATION
7
PROBATE
CODE.
8
DISPOSITION
OF
FAILED
DEVISE.
This
bill
creates
new
Code
9
section
633.273A.
New
subsection
1
codifies
the
common
law
10
concept
of
lapse
that
applies
in
a
situation
where
a
devisee
11
(beneficiary)
named
in
a
will
dies
before
the
testator
(person
12
who
creates
the
will).
In
such
a
situation,
the
testator’s
13
estate
(property)
passes
to
the
testator’s
residuary
estate
14
(any
portion
of
the
testator’s
estate
not
specifically
devised
15
in
a
will).
New
subsection
2
reverses
the
common
law
doctrine
16
of
“no
residue
of
a
residue”
that
addresses
the
situation
17
where
a
residuary
(devisee)
dies
before
the
testator
and
the
18
testator’s
residuary
estate
passes
as
though
the
testator
died
19
intestate
(without
a
will).
The
bill
provides
that
if
the
20
residuary
estate
is
devised
to
two
or
more
devisees
and
one
21
devisee
has
died,
then
the
entire
residuary
estate
is
passed
to
22
the
surviving
residuary
devisee
or
devisees.
These
provisions
23
apply
except
as
provided
in
Code
section
633.273
relating
to
24
devises
to
certain
relatives
of
the
testator
who
survive
the
25
testator
(Iowa’s
anti-lapse
statute)
and
unless
the
terms
of
26
the
will
explicitly
provide
otherwise.
This
provision
applies
27
to
all
decedents
dying
on
or
after
July
1,
2013.
28
SELF-PROVING
WILL
AFFIDAVIT.
The
bill
amends
Code
29
section
633.279,
subsection
2,
relating
to
the
execution
of
a
30
self-proving
will
which
allows
the
testator
and
witnesses
to
31
the
will
to
submit
a
notarized
affidavit.
The
bill
amends
the
32
language
of
the
affidavit
to
make
the
language
consistent
with
33
the
language
of
a
formal
will
execution.
A
conforming
change
34
is
made
to
Code
section
633.295
relating
to
the
testimony
of
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witnesses
to
the
will.
The
amendments
apply
to
estates
of
1
decedents
dying
on
or
after
July
1,
2013.
2
PETITIONS
FILED
AFTER
DEATH
OF
TESTATOR.
Current
Code
3
section
633.290
provides
that
after
a
testator
(person
who
4
executed
a
will)
dies,
any
interested
person
may
file
a
5
petition
with
the
court
to
admit
the
will
to
probate
or
to
have
6
an
executor
appointed.
The
bill
expands
the
scope
of
this
7
Code
section
to
also
allow
any
interested
person
to
file
a
8
petition
with
the
court
to
request
a
hearing
before
the
will
9
is
admitted
to
probate
or
before
an
executor
is
appointed,
and
10
for
the
production
of
the
decedent’s
purported
will.
Petitions
11
for
any
of
the
reasons
specified
may
be
combined.
The
bill
12
makes
a
conforming
change
to
Code
section
635.1,
relating
to
13
the
administration
of
small
estates.
These
provisions
apply
to
14
petitions
filed
or
after
July
1,
2013.
15
DISTRIBUTION
OF
PROPERTY
BY
AFFIDAVIT.
The
bill
amends
Code
16
section
633.356,
subsection
3,
relating
to
the
distribution
of
17
property
by
affidavit
in
certain
situations
where
the
gross
18
value
of
the
decedent’s
personal
property
that
would
otherwise
19
be
distributed
does
not
exceed
$25,000.
The
bill
adds
the
20
words
“that
would
otherwise
be
distributed
by
will
or
intestate
21
succession”
consistent
with
changes
made
to
this
Code
section
22
in
2010
Iowa
Acts,
chapter
1137
(HF
2483).
23
CONSERVATORSHIP
PROCEEDINGS
——
APPOINTED
ATTORNEY
ACCESS
24
TO
HEALTH
INFORMATION.
The
bill
provides
that
if
the
court
25
determines
it
would
be
in
a
ward’s
best
interest
to
have
legal
26
representation
with
respect
to
conservatorship
proceedings,
the
27
court
may
order
that
the
attorney
appointed
be
given
copies
28
of
and
access
to
the
proposed
ward’s
health
information
by
29
describing
with
reasonable
specificity
the
health
information
30
to
be
disclosed
or
accessed,
for
the
purpose
of
fulfilling
the
31
attorney’s
responsibilities.
This
provision
applies
to
all
32
judicial
proceedings,
in
which
an
order
for
the
appointment
33
of
a
conservatorship
is
sought
or
has
been
issued,
held
on
or
34
after
July
1,
2013.
35
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S.F.
361
TRUST
CODE
——
LIMITATION
OF
ACTION
AGAINST
TRUSTEE.
Current
1
law
in
Code
section
633A.4504
bars
a
lawsuit
against
a
trustee
2
for
breach
of
trust
unless
the
lawsuit
is
filed
within
one
3
year
after
the
beneficiary’s
receipt
of
the
final
accounting
4
or
report
of
the
trustee.
This
law
was
enacted
as
a
transition
5
provision
barring
claims
against
trustees
who
provided
reports
6
to
beneficiaries
before
the
trust
code
was
enacted
in
2000
to
7
provide
that
the
statute-of-limitation
period
was
one
year
from
8
July
1,
2000.
In
2012
Iowa
Acts
chapter
1123
(HF
609),
the
9
year
was
amended
to
July
1,
2011.
The
bill
amends
this
date
10
retroactively
applicable
to
July
1,
2000.
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