Bill Text: IA SSB1011 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the calculation of certain court costs in probate matters, and including effective date and applicability provisions.(See SF 244.)

Spectrum: Committee Bill

Status: (Introduced) 2021-02-02 - Committee report approving bill, renumbered as SF 244. [SSB1011 Detail]

Download: Iowa-2021-SSB1011-Introduced.html
Senate Study Bill 1011 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the calculation of certain court costs 1 in probate matters, and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1242XC (2) 89 cm/jh
S.F. _____ Section 1. Section 633.31, Code 2021, is amended to read as 1 follows: 2 633.31 Calendar —— fees court costs in probate. 3 1. The clerk shall keep a court calendar, and enter thereon 4 such matters as the court may prescribe. 5 2. The clerk shall charge and collect the following fees 6 court costs in connection with probate matters , which shall be 7 deposited in the account established under section 602.8108 : 8 a. For services performed in short 9 form probates pursuant to sections 10 450.22 and 450.44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 11 b. For services performed in probate of 12 will without administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 13 c. For filing and indexing a transcript . . . . . . . . . . . . . $ 50.00 14 d. For taking and approving a bond, or 15 the sureties on a bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00 16 e. For entering a rule or order . . . . . . . . . . . . . . . . . . . . $ 10.00 17 f. For certificate and seal . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 18 g. For making a complete record where 19 real estate is sold . per 100 words . . . . . . . . . . . . . . . . . . . . $ .20 20 h. For making a transcript or copies of 21 orders or records filed in 22 the clerk’s office . . per 100 words . . . . . . . . . . . . . . . . . . . . $ .50 23 i. For certifying change of title . . . . . . . . . . . . . . . . . . $ 20.00 24 j. For issuing commission to 25 appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 26 k. For other services performed in the settlement of the 27 estate of any decedent, minor, person with mental illness, or 28 other persons laboring under legal disability, except where 29 actions are brought by the administrator, guardian, trustee, 30 or person acting in a representative capacity or against that 31 person, or as may be otherwise provided herein, where the value 32 of the personal property and real estate of such a person falls 33 within the following indicated amounts, the fee opposite such 34 amount shall be charged. 35 -1- LSB 1242XC (2) 89 cm/jh 1/ 4
S.F. _____ (1) Up to $3,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 1 (2) 3,000.00 to 5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 2 (3) 5,000.00 to 7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 3 (4) 7,000.00 to 10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 4 (5) 10,000.00 to 15,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 5 (6) 15,000.00 to 25,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 6 (7) For each additional $25,000.00 or 7 major fraction thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 8 l. For services performed in small 9 estate administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 10 3. a. The fee set forth in subsection 2 , paragraph 11 “k” , shall not be charged on any property transferred to a 12 testamentary trust from an estate that has been administered 13 in this state and for which court costs have been assessed and 14 paid. For other services performed in a decedent’s estate 15 administered under this chapter or chapter 635, the clerk shall 16 charge and collect court costs equal to two-tenths of one 17 percent of the value of the probate assets listed in the report 18 and inventory. 19 b. Court costs shall not be charged or collected under this 20 subsection on assets which are not probate assets including but 21 not limited to the following: 22 (1) Joint tenancy property. 23 (2) Property transferred during the decedent’s lifetime. 24 (3) Life insurance annuities, individual retirement 25 accounts, retirement plans, transfer on death accounts, payable 26 on death accounts, and similar assets payable to beneficiaries 27 other than the estate of the decedent. 28 (4) Real estate not located in Iowa. 29 c. Court costs shall not be charged or collected on assets 30 transferred to an estate from a conservatorship that has been 31 administered in the state and for which court costs have been 32 charged and collected from the conservatorship under subsection 33 4. 34 4. For other services performed in a conservatorship, the 35 -2- LSB 1242XC (2) 89 cm/jh 2/ 4
S.F. _____ clerk shall charge and collect court costs equal to two-tenths 1 of one percent of the gross value of the assets listed in the 2 inventory minus the value of the life insurance. 3 5. Court costs collected under this section shall be 4 deposited in the account established under section 602.8108. 5 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 6 2022. 7 Sec. 3. APPLICABILITY. This Act applies to 8 conservatorships, court-administered trusts, guardianships, and 9 estates of decedents for which the petition is filed and other 10 probate matters where filings are made and actions are taken 11 on and after January 1, 2022. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the court costs the clerk of probate 16 court charges and collects in connection with probate matters. 17 Under current law, Code section 633.31(2)(k) provides a 18 sliding scale fee for services performed in connection with the 19 settlement of an estate based upon the value of the estate. 20 The bill provides that for services performed in a decedent’s 21 estate administered under Code chapter 633 or Code chapter 22 635 that the clerk of court shall charge and collect court 23 costs based on the probate assets listed in the report and 24 inventory. The bill provides that the court costs charged on 25 the value of those assets shall be .2 percent of the value of 26 the probate assets. The bill provides that court costs shall 27 not be charged or collected on assets that are not probate 28 assets and identifies what is not a probate asset, which 29 include but are not limited to joint tenancy property; property 30 transferred during the decedent’s lifetime; life insurance 31 annuities, individual retirement accounts, retirement plans, 32 transfer on death accounts, payable on death accounts, and 33 similar assets payable to beneficiaries other than the estate 34 of the decedent; and real estate not located in Iowa. The bill 35 -3- LSB 1242XC (2) 89 cm/jh 3/ 4
S.F. _____ provides that court costs shall not be charged or collected on 1 assets transferred to an estate from a conservatorship that has 2 been administered in the state and for which court costs have 3 been charged and collected in the conservatorship. 4 The bill provides that the clerk shall charge and collect 5 court costs for services performed in a conservatorship based 6 on the gross value of the assets listed in the inventory minus 7 the value of the life insurance. The bill provides that the 8 court costs charged on the value of those assets shall be .2 9 percent of the value of the assets. 10 The bill takes effect January 1, 2022. The bill applies to 11 conservatorships, court-administered trusts, guardianships, and 12 estates of decedents for which the petition is filed and other 13 probate matters where filings are made and actions are taken 14 on and after January 1, 2022. 15 -4- LSB 1242XC (2) 89 cm/jh 4/ 4
feedback