Bill Text: IA SF376 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the calculation of certain court costs in probate, and including applicability provisions. (Formerly SSB 1077.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-03-17 - Subcommittee, Hogg, Petersen, and Schultz. S.J. 599. [SF376 Detail]

Download: Iowa-2015-SF376-Introduced.html

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Senate File 376 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1077)

                                      A BILL FOR

  1 An Act relating to the calculation of certain court costs in
  2    probate, and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 633.31, Code 2015, is amended to read as
  1  2 follows:
  1  3    633.31  Calendar == fees court costs in probate.
  1  4    1.  The clerk shall keep a court calendar, and enter thereon
  1  5 such matters as the court may prescribe.
  1  6    2.  The clerk shall charge and collect the following fees
  1  7  court costs in connection with probate matters, which shall be
  1  8 deposited in the account established under section 602.8108:
  1  9    a.  For services performed in short
  1 10 form probates pursuant to sections
  1 11 450.22 and 450.44$ 15.00
  1 12    b.  For services performed in probate of
  1 13 will without administration $ 15.00
  1 14    c.  For filing and indexing a transcript$ 50.00
  1 15    d.  For taking and approving a bond, or
  1 16 the sureties on a bond $ 20.00
  1 17    e.  For entering a rule or order $ 10.00
  1 18    f.  For certificate and seal $ 10.00
  1 19    g.  For making a complete record where
  1 20 real estate is sold  per 100 words $   .20
  1 21    h.  For making a transcript or copies of
  1 22 orders or records filed in
  1 23 the clerk's office  per 100 words $   .50
  1 24    i.  For certifying change of title $ 20.00
  1 25    j.  For issuing commission to
  1 26 appraisers $  2.00
  1 27    k.  For other services performed in the settlement of the
  1 28 estate of any decedent, minor, person with mental illness, or
  1 29 other persons laboring under legal disability, except where
  1 30 actions are brought by the administrator, guardian, trustee,
  1 31 or person acting in a representative capacity or against that
  1 32 person, or as may be otherwise provided herein, where the value
  1 33 of the personal property and real estate of such a person falls
  1 34 within the following indicated amounts, the fee court costs
  1 35  opposite such amount shall be charged, in accordance with
  2  1 subsection 3 or 4, as applicable.
  2  2    (1)  Up to $3,000.00 $  5.00
  2  3    (2)  $3,000.00 to $5,000.00 $ 10.00
  2  4    (3)  $5,000.00 to $7,000.00 $ 15.00
  2  5    (4)  $7,000.00 to $10,000.00 $ 20.00
  2  6    (5)  $10,000.00 to $15,000.00 $ 25.00
  2  7    (6)  $15,000.00 to $25,000.00 $ 30.00
  2  8    (7)  For each additional $25,000.00 or
  2  9  major fraction thereof $ 50.00
  2 10    l.  For services performed in small
  2 11  estate administration $ 15.00
  2 12    3.  The fee court costs set forth in subsection 2, paragraph
  2 13 "k", shall not be charged on any property transferred to a
  2 14 testamentary trust from an estate that has been administered
  2 15 in this state and for which court costs have been assessed and
  2 16 paid.
  2 17    4.  For purposes of determining the court costs set forth in
  2 18 subsection 2, paragraph "k", the "value of the personal property
  2 19 and real estate of such a person" means the gross assets of the
  2 20 estate listed in the probate inventory minus the following,
  2 21 unless the proceeds of such assets are payable to  the estate: 
  2 22    a.  Joint tenancy property.
  2 23    b.  Transfers during such person's lifetime.
  2 24    c.  Assets payable to beneficiaries, including but not
  2 25 limited to life insurance, annuities, individual retirement
  2 26 accounts, retirement plans, transfer on death accounts, and
  2 27 payable on death accounts. 
  2 28    Sec. 2.  APPLICABILITY.  The section of this Act amending
  2 29 section 633.31 applies to estates opened on or after July 1,
  2 30 2015.
  2 31                           EXPLANATION
  2 32 The inclusion of this explanation does not constitute agreement with
  2 33 the explanation's substance by the members of the general assembly.
  2 34    This bill relates to the court costs the clerk of probate
  2 35 court charges and collects in connection with probate matters.
  3  1 The bill specifies that for purposes of calculating the
  3  2 court costs for other services performed in the settlement of
  3  3 the  estate of any decedent, minor, person with mental illness,
  3  4 or other persons laboring under legal disability, the value of
  3  5 such a person's personal property and real estate is equal to
  3  6 the gross assets of the estate listed in the probate inventory
  3  7 minus, unless the proceeds of the gross assets are payable to
  3  8 the estate, joint tenancy property, transfers made during such
  3  9 person's lifetime, and assets payable to beneficiaries, some
  3 10 of which are enumerated.
  3 11    Under current law, joint tenancy property, transfers
  3 12 made during such person's lifetime, and assets payable to
  3 13 beneficiaries are not excluded from the value of the personal
  3 14 property and real estate used to calculate the court costs due
  3 15 to the clerk pursuant to Code section 633.31(2)(k).
  3 16    The bill applies to estates opened on or after July 1, 2015.
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