Bill Text: IA SSB1037 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the denial and contest of probate claims.(See SF 235.)

Spectrum: Committee Bill

Status: (Introduced) 2021-02-02 - Committee report approving bill, renumbered as SF 235. [SSB1037 Detail]

Download: Iowa-2021-SSB1037-Introduced.html
Senate Study Bill 1037 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the denial and contest of probate claims. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1897XC (3) 89 cm/jh
S.F. _____ Section 1. Section 633.438, Code 2021, is amended to read 1 as follows: 2 633.438 General denial of claims. 3 Where a claim has been filed, but not admitted in writing 4 by the personal representative before a request for hearing 5 has been given as hereinafter provided, the claim shall be 6 considered as generally denied by the personal representative 7 without any pleading on behalf of the personal representative. 8 Sec. 2. Section 633.440, Code 2021, is amended to read as 9 follows: 10 633.440 Contents of notice of disallowance. 11 Such a notice of disallowance shall advise the claimant 12 that the claim has been disallowed and will be forever barred 13 unless the claimant shall within twenty days after the date of 14 mailing the notice, file a request for hearing on the claim 15 with the clerk , and mail a copy of such request for hearing to 16 the personal representative and the attorney of record, if any, 17 by certified mail . 18 Sec. 3. Section 633.442, Code 2021, is amended to read as 19 follows: 20 633.442 Claims barred after twenty days. 21 Unless the claimant shall within twenty days after the 22 date of mailing the notice of disallowance, file a request 23 for hearing with the clerk and mail a copy of the request for 24 hearing to the personal representative and to the attorney of 25 record, if any , the claim shall be deemed disallowed, and shall 26 be forever barred. 27 Sec. 4. Section 633.443, Code 2021, is amended to read as 28 follows: 29 633.443 Request for hearing by claimant. 30 At the time of the filing of a claim against an estate, or 31 at any time thereafter prior to the time that the claim may be 32 barred by the provisions of section 633.442 , or the approval of 33 the final report of the personal representative after notice to 34 the claimant, the claimant may file a request for hearing with 35 -1- LSB 1897XC (3) 89 cm/jh 1/ 3
S.F. _____ the clerk , and mail a copy of the request for hearing to the 1 personal representative and attorney of record, if any . 2 Sec. 5. Section 633.444, Code 2021, is amended to read as 3 follows: 4 633.444 Applicability of rules of civil procedure. 5 Within twenty days from the filing of the request for 6 hearing on a claim, the personal representative shall move or 7 plead to said claim The personal representative shall file a 8 pre-answer motion or answer to a claim within twenty days from 9 the filing of the request for hearing on the claim in the same 10 manner as though the claim were a petition filed in an ordinary 11 action, and thereafter, all provisions of law and rules of 12 civil procedure applicable to motions, pleadings and the trial 13 of ordinary actions shall apply; provided, however, that a 14 restatement of such claim shall not be barred by the provisions 15 of section 633.410 . 16 Sec. 6. Section 633.447, Code 2021, is amended to read as 17 follows: 18 633.447 Trial and hearing. 19 The trial of a claim and the offsets or counterclaims, if 20 any, shall be to the court without a jury. However, the court 21 may, in its discretion, either on its own motion or upon the 22 motion of any party, submit the matter to a jury. In the event 23 that the amount of the claim or a counterclaim exceeds the sum 24 of three hundred dollars stated in section 631.1, subsection 25 1 , either party shall be entitled to a jury trial, if a written 26 demand is made as provided in the rules of civil procedure in 27 relation to the trial of ordinary actions. 28 Sec. 7. Section 633.448, Code 2021, is amended to read as 29 follows: 30 633.448 Allowance and judgment. 31 Upon the trial of a claim, offsets and counterclaims, the 32 amount owing by or to the estate, if any, shall be determined. 33 A claim against the estate shall be allowed for the net amount. 34 Judgment shall be rendered for any amount found to be due the 35 -2- LSB 1897XC (3) 89 cm/jh 2/ 3
S.F. _____ estate. If a judgment is rendered against a claimant for 1 any net amount, execution may issue in the same manner as on 2 judgments in civil cases. The judgment against any interested 3 party may be deducted from any amounts the estate owes to the 4 interested party. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill amends the probate code relating to the denial and 9 contest of claims and counterclaims. The bill provides that 10 for general denials of claims when a claim has been filed, but 11 not admitted in writing by a personal representative before a 12 hearing request, the claim is considered as generally denied 13 by the personal representative. 14 The bill removes the requirement on the claimant to mail a 15 copy of a request for hearing to the personal representative 16 and to the attorney of record, if any, from Code sections 17 633.440, 633.442, and 633.443. 18 The bill provides that the personal representative shall 19 file a pre-answer motion or answer to a claim within 20 days of 20 the filing of the request for hearing on a claim in the same 21 manner as though the claim was a petition filed in an ordinary 22 action. 23 The bill provides that if the amount of the claim exceeds the 24 small claims court jurisdictional amount ($6,500 for actions 25 commenced on or after July 1, 2018), either party is entitled 26 to a jury trial if a written demand is made. Under current law, 27 either party is entitled to a jury trial if the amount of the 28 claim exceeds $300. 29 The bill provides that a judgment against any interested 30 party may be deducted from any amounts owed by the estate to 31 the interested party. 32 -3- LSB 1897XC (3) 89 cm/jh 3/ 3
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