Bill Text: IA SSB3007 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to probate by the distribution of decedent’s property by affidavit, requiring certain affirmations in the affidavit, and including an applicability provision.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-08 - Subcommittee recommends passage. [SSB3007 Detail]
Download: Iowa-2017-SSB3007-Introduced.html
Senate
Study
Bill
3007
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
probate
by
the
distribution
of
decedent’s
1
property
by
affidavit,
requiring
certain
affirmations
in
the
2
affidavit,
and
including
an
applicability
provision.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
633.356,
subsections
1,
3,
and
10,
Code
1
2018,
are
amended
to
read
as
follows:
2
1.
When
the
gross
value
of
the
decedent’s
personal
property
3
that
would
otherwise
be
distributed
by
will
or
intestate
4
succession
is
or
has
been,
at
any
time
since
the
decedent’s
5
death,
twenty-five
fifty
thousand
dollars
or
less
and
there
6
is
no
real
property
or
the
real
property
passes
to
persons
7
exempt
from
inheritance
tax
as
joint
tenants
with
full
rights
8
of
survivorship,
and
if
forty
days
have
elapsed
since
the
death
9
of
the
decedent,
a
successor
as
defined
in
subsection
2
may,
by
10
furnishing
an
affidavit
prepared
pursuant
to
subsection
3
or
11
8
,
and
without
procuring
letters
of
appointment,
do
any
of
the
12
following
with
respect
to
one
or
more
items
of
such
personal
13
property:
14
a.
Receive
any
item
of
tangible
personal
property
of
the
15
decedent.
16
b.
Have
any
evidence
of
a
debt,
obligation,
interest,
17
right,
security,
or
chose
in
action
belonging
to
the
decedent
18
transferred.
19
c.
Collect
the
proceeds
from
any
life
insurance
policy
or
20
any
other
item
of
property
for
which
a
beneficiary
has
not
been
21
designated.
22
3.
a.
To
collect
money,
receive
tangible
personal
property,
23
or
have
evidences
of
intangible
personal
property
transferred
24
under
this
section
,
a
successor
shall
furnish
to
the
holder
of
25
the
decedent’s
property
an
affidavit
under
penalty
of
perjury
26
stating
all
of
the
following:
27
(1)
The
decedent’s
name,
social
security
number,
and
date
28
and
place
of
death.
29
(2)
That
at
least
forty
days
have
elapsed
since
the
death
30
of
the
decedent,
as
shown
by
an
attached
certified
copy
of
the
31
death
certificate
of
the
decedent.
32
(3)
That
the
gross
value
of
the
decedent’s
personal
property
33
that
would
otherwise
be
distributed
by
will
or
intestate
34
succession
is,
or
has
been
at
any
time
since
the
decedent’s
35
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death,
twenty-five
fifty
thousand
dollars
or
less
and
there
is
1
no
real
property
or
the
real
property
passes
to
persons
exempt
2
from
inheritance
tax
as
joint
tenants
with
full
rights
of
3
survivorship.
4
(4)
A
general
description
of
the
property
of
the
decedent
5
that
is
to
be
paid,
transferred,
or
delivered
to
or
for
the
6
benefit
of
each
successor.
7
(5)
The
name,
address,
tax
identification
number
and
8
relationship
to
the
decedent
of
each
successor,
and
whether
any
9
successor
is
under
a
legal
disability.
10
(6)
If
applicable
pursuant
to
subsection
2
,
paragraph
“a”
,
11
that
the
attached
copy
of
the
decedent’s
will
is
the
last
will
12
of
the
decedent
and
has
been
delivered
to
the
office
of
a
clerk
13
of
the
district
court
in
accordance
with
Iowa
law.
14
(7)
That
no
persons
other
than
the
successors
listed
in
the
15
affidavit
have
a
right
to
the
interest
of
the
decedent
in
the
16
described
property.
17
(8)
That
the
affiant
requests
that
the
described
property
be
18
paid,
delivered,
or
transferred
to
or
for
the
benefit
of
each
19
successor.
20
(9)
That
no
debt
is
owed
to
the
department
of
human
services
21
for
reimbursement
of
Medicaid
benefits;
or
if
debt
is
owed,
22
that
the
debt
will
be
paid
to
the
extent
of
funds
received
23
pursuant
to
the
affidavit.
24
(10)
That
no
inheritance
or
other
taxes
are
owed
to
the
25
department
of
revenue,
or
if
taxes
are
owed,
that
the
taxes
26
will
be
paid
to
the
extent
of
funds
received
pursuant
to
the
27
affidavit.
28
(11)
That
creditors,
if
any,
will
be
paid
to
the
extent
of
29
funds
received
pursuant
to
the
affidavit.
30
(9)
(12)
That
the
affiant
affirms
under
penalty
of
perjury
31
that
the
affidavit
is
true
and
correct.
32
b.
If
there
are
two
or
more
successors,
any
of
the
33
successors
may
execute
an
affidavit
under
this
subsection
.
34
10.
Upon
receipt
of
an
affidavit
under
subsection
3
and
35
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reasonable
proof
under
subsection
5
of
the
identity
of
each
1
successor
seeking
distribution
by
virtue
of
the
affidavit,
the
2
holder
of
the
property
shall
disclose
to
the
affiant
whether
3
the
value
of
the
property
held
by
the
holder
is,
or
has
been
at
4
any
time
since
the
decedent’s
death,
twenty-five
fifty
thousand
5
dollars
or
less.
An
affidavit
furnished
for
the
purpose
of
6
determining
whether
the
value
of
the
property
is,
or
has
been
7
at
any
time
since
the
decedent’s
death,
twenty-five
fifty
8
thousand
dollars
or
less
need
not
contain
the
language
required
9
under
subsection
3
,
paragraph
“a”
,
subparagraph
(3),
but
shall
10
state
that
the
affiant
reasonably
believes
that
the
gross
value
11
of
the
decedent’s
personal
property
that
would
otherwise
be
12
distributed
by
will
or
intestate
succession
is,
or
has
been
at
13
any
time
since
the
decedent’s
death,
twenty-five
fifty
thousand
14
dollars
or
less
and
there
is
no
real
property
or
the
real
15
property
passes
to
persons
exempt
from
inheritance
tax
as
joint
16
tenants
with
full
rights
of
survivorship.
17
Sec.
2.
APPLICABILITY.
This
Act
applies
to
estates
of
18
decedents
dying
on
or
after
July
1,
2018.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
amends
probate
Code
section
633.356
to
allow
23
for
the
distribution
of
decedent’s
property
by
affidavit
in
24
estates
as
large
as
$50,000.
Under
current
law,
only
property
25
in
estates
that
are
$25,000
or
less
are
able
to
be
distributed
26
by
affidavit.
The
bill
changes
the
affidavit
requirement
to
27
require
the
affiant
to
attest
the
property
is
valued
at
$50,000
28
or
less.
29
The
bill
also
adds
components
to
the
affidavit
that
the
30
successor
must
furnish
to
the
holder
of
the
decedent’s
property
31
in
order
to
collect
money,
receive
tangible
personal
property,
32
or
have
evidences
of
intangible
personal
property
transferred
33
under
Code
section
633.356.
The
affidavit
must
indicate
that
34
there
is
no
debt
owed
to
the
department
of
human
services
for
35
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reimbursement
of
Medicaid
benefits;
or
if
there
is,
it
will
be
1
paid
to
the
extent
of
funds
received
pursuant
to
the
affidavit.
2
The
affidavit
must
also
indicate
that
there
are
no
inheritance
3
or
other
taxes
owed
to
the
department
of
revenue,
or
if
there
4
are,
they
will
be
paid
to
the
extent
of
funds
received
pursuant
5
to
the
affidavit.
Finally,
the
affidavit
must
indicate
that
6
creditors,
if
any,
will
be
paid
to
the
extent
of
funds
received
7
pursuant
to
the
affidavit.
8
The
bill
applies
to
estates
of
decedents
dying
on
or
after
9
July
1,
2018.
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