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

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

Spectrum: Committee Bill

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

Download: Iowa-2021-SSB1037-Introduced.html

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