Bill Text: IA SSB3143 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to wills including witness testimony, distribution of property, and claims of personal representatives, and including retroactive and other applicability provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-04 - In Judiciary [SSB3143 Detail]
Download: Iowa-2013-SSB3143-Introduced.html
Senate
Study
Bill
3143
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
wills
including
witness
testimony,
1
distribution
of
property,
and
claims
of
personal
2
representatives,
and
including
retroactive
and
other
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
633.295,
Code
2014,
is
amended
to
read
1
as
follows:
2
633.295
Testimony
of
witnesses.
3
The
proof
may
be
made
by
the
oral
or
written
testimony
of
4
one
or
more
of
the
subscribing
witnesses
to
the
will.
If
such
5
testimony
is
in
writing,
it
shall
be
substantially
in
the
6
following
form
executed
and
sworn
to
before
or
after
the
death
7
of
the
decedent:
8
In
the
District
Court
of
Iowa
9
In
and
for
......
County
10
In
the
Matter
of
the
Estate
of
......
11
......
,
Deceased
12
Probate
No.
....
13
Testimony
of
Subscribing
14
Witness
on
Probate
of
Will.
15
State
of
......
)
16
......
County
)
ss
17
I,
......
,
being
first
duly
sworn,
state:
18
I
reside
in
the
County
of
......
,
State
of
........
;
I
knew
19
the
identity
of
the
testator
on
the
....
day
of
......
(month),
20
...
(year),
the
date
of
the
instrument,
the
original
or
exact
21
reproduction
of
which
is
attached
hereto,
now
shown
to
me,
22
and
purporting
to
be
the
last
will
and
testament
of
the
said
23
........
,
deceased
;
I
am
one
of
the
subscribing
witnesses
24
to
said
instrument;
at
the
said
date
of
said
instrument,
I
25
knew
the
identity
of
......
,
the
other
subscribing
witness;
26
that
said
instrument
was
exhibited
to
me
and
to
the
other
27
subscribing
witness
by
the
testator,
who
declared
the
same
to
28
be
the
testator’s
last
will
and
testament,
and
was
signed
by
29
the
testator
at
..........
,
in
the
County
of
......
,
State
of
30
........
,
on
the
date
shown
in
said
instrument,
in
the
presence
31
of
myself
and
the
other
subscribing
witness;
and
the
other
32
subscribing
witness
and
I
then
and
there,
at
the
request
of
the
33
testator,
in
the
presence
of
said
testator
and
in
the
presence
34
of
each
other,
subscribed
our
names
thereto
as
witnesses.
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...........
1
Name
of
witness
2
...........
3
Address
4
Subscribed
and
sworn
to
before
me
this
...
day
of
......
5
(month),
...
(year)
6
...........
7
Notary
Public
in
and
for
8
(Stamp)
the
State
of
......
9
Sec.
2.
Section
633.356,
Code
2014,
is
amended
to
read
as
10
follows:
11
633.356
Distribution
of
property
by
affidavit.
12
1.
When
the
gross
value
of
the
decedent’s
personal
property
13
that
would
otherwise
be
distributed
by
will
or
intestate
14
succession
does
not
exceed
is
or
has
been,
at
any
time
since
15
the
decedent’s
death,
twenty-five
thousand
dollars
or
less
16
and
there
is
no
real
property
or
the
real
property
passes
to
17
persons
exempt
from
inheritance
tax
pursuant
to
section
450.9
18
as
joint
tenants
with
right
full
rights
of
survivorship,
and
if
19
forty
days
have
elapsed
since
the
death
of
the
decedent,
the
a
20
successor
of
the
decedent
as
defined
in
subsection
2
may,
by
21
filing
furnishing
an
affidavit
prepared
pursuant
to
subsection
22
3
or
8
,
and
without
procuring
letters
of
appointment,
do
any
of
23
the
following
with
respect
to
one
or
more
particular
items
of
24
such
personal
property:
25
a.
Receive
any
particular
item
of
tangible
personal
property
26
of
the
decedent.
27
b.
Have
any
evidence
of
a
debt,
obligation,
interest,
28
right,
security,
or
chose
in
action
belonging
to
the
decedent
29
transferred.
30
c.
Collect
the
proceeds
from
any
life
insurance
policy
or
31
any
other
item
of
property
for
which
a
beneficiary
has
not
been
32
designated.
33
2.
“Successor
of
the
decedent
”
means:
34
a.
If
the
decedent
died
testate,
the
reasonably
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ascertainable
beneficiary
or
beneficiaries
who
succeeded
to
1
the
particular
item
of
property
of
the
decedent
under
the
2
decedent’s
will.
For
the
purposes
of
this
subsection
the
3
trustee
of
a
trust
created
during
the
decedent’s
lifetime
is
a
4
beneficiary
under
the
decedent’s
will
if
the
trust
succeeds
to
5
the
particular
item
of
property
under
the
decedent’s
will.
6
b.
If
the
decedent
died
intestate,
the
reasonably
7
ascertainable
person
or
persons
who
succeeded
to
the
particular
8
item
of
property
of
the
decedent
under
the
laws
of
intestate
9
succession
of
this
state.
10
c.
If
the
decedent
received
medical
assistance
benefits
from
11
the
state,
the
Iowa
Medicaid
agency
that
provided
the
benefits
12
is
a
successor
pursuant
to
subsection
8.
13
3.
a.
To
collect
money,
receive
tangible
personal
14
property,
or
have
evidences
of
intangible
personal
property
15
transferred
under
this
chapter
section
,
the
a
successor
of
16
the
decedent
shall
furnish
to
the
holder
of
the
decedent’s
17
property
an
affidavit
under
penalty
of
perjury
stating
all
of
18
the
following:
19
(1)
The
decedent’s
name,
social
security
number,
and
the
20
date
and
place
of
the
decedent’s
death.
21
(2)
That
at
least
forty
days
have
elapsed
since
the
death
22
of
the
decedent,
as
shown
by
an
attached
certified
copy
of
the
23
death
certificate
of
the
decedent.
24
(3)
That
the
gross
value
of
the
decedent’s
personal
property
25
that
would
otherwise
be
distributed
by
will
or
intestate
26
succession
does
not
exceed
is,
or
has
been
at
any
time
since
27
the
decedent’s
death,
twenty-five
thousand
dollars
or
less
28
and
there
is
no
real
property
or
the
real
property
passes
to
29
persons
exempt
from
inheritance
tax
pursuant
to
section
450.9
30
as
joint
tenants
with
right
full
rights
of
survivorship.
31
(4)
A
general
description
of
the
property
of
the
decedent
32
that
is
to
be
paid,
transferred,
or
delivered
to
or
for
the
33
benefit
of
each
successor.
34
(5)
The
name,
address,
and
social
security
tax
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identification
number
of
the
successor
of
the
decedent
to
the
1
described
property
and
relationship
to
the
decedent
of
each
2
successor
,
and
whether
the
any
successor
is
under
a
legal
3
disability.
4
(6)
If
applicable
pursuant
to
subsection
2,
paragraph
“a”
,
5
that
the
attached
copy
of
the
decedent’s
will
is
the
last
will
6
of
the
decedent
and
has
been
admitted
to
probate
or
otherwise
7
filed
in
delivered
to
the
office
of
a
clerk
of
the
district
8
court
in
accordance
with
Iowa
law
.
9
(7)
That
no
persons
other
than
those
the
successors
listed
10
in
the
affidavit
have
a
right
to
the
interest
of
the
decedent
11
in
the
described
property.
12
(8)
That
the
affiant
requests
that
the
described
property
13
be
paid,
delivered,
or
transferred
to
the
successors
of
the
14
decedent
to
the
described
property
or
for
the
benefit
of
each
15
successor
.
16
(9)
That
the
affiant
affirms
under
penalty
of
perjury
that
17
the
affidavit
is
true
and
correct.
18
b.
More
than
one
person
If
there
are
two
or
more
successors,
19
any
of
the
successors
may
execute
an
affidavit
under
this
20
subsection
.
21
4.
a.
If
the
decedent
had
evidence
of
ownership
of
the
22
property
described
in
the
affidavit
and
the
holder
of
the
23
property
would
have
the
right
to
require
presentation
of
the
24
evidence
of
ownership
before
the
duty
of
the
holder
to
pay,
25
deliver,
or
transfer
the
property
to
the
decedent
would
have
26
arisen,
the
evidence
of
the
ownership,
if
available,
shall
be
27
presented
with
the
affidavit
to
the
holder
of
the
decedent’s
28
property.
29
b.
If
the
evidence
of
ownership
is
not
presented
to
the
30
holder
of
the
property,
the
holder
may
require,
as
a
condition
31
for
the
payment,
delivery,
or
transfer
of
the
property,
that
32
the
successor
affiant
provide
the
holder
with
a
bond
in
a
33
reasonable
amount
determined
by
the
holder
to
be
sufficient
to
34
indemnify
the
holder
against
all
liability,
claims,
demands,
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loss,
damages,
costs,
and
expenses
that
the
holder
may
incur
1
or
suffer
by
reason
of
the
payment,
delivery,
or
transfer
of
2
the
property.
This
subsection
does
not
preclude
the
holder
3
and
the
successor
affiant
from
dispensing
with
the
requirement
4
that
a
bond
be
provided,
and
instead
entering
into
an
agreement
5
satisfactory
to
the
holder
concerning
the
duty
of
the
successor
6
affiant
to
indemnify
the
holder.
7
c.
Judgments
rendered
by
any
court
in
this
state
and
8
mortgages
belonging
to
a
decedent
whose
personal
property
is
9
being
distributed
pursuant
to
this
section
may,
without
prior
10
order
of
court,
be
released,
discharged,
or
assigned,
in
whole
11
or
in
part,
as
to
any
particular
property,
and
deeds
may
be
12
executed
in
performance
of
real
estate
contracts
entered
into
13
by
the
decedent,
where
an
affidavit
made
pursuant
to
subsection
14
3
or
8
is
filed
in
the
office
of
the
county
recorder
of
the
15
county
wherein
any
judgment,
mortgage,
or
real
estate
contract
16
appears
of
record.
17
5.
Reasonable
proof
of
the
identity
of
each
successor
of
the
18
decedent
seeking
distribution
by
virtue
of
the
affidavit
shall
19
be
provided
to
the
satisfaction
of
the
holder
of
the
decedent’s
20
property.
21
6.
a.
If
the
requirements
of
this
section
are
satisfied:
22
(1)
The
property
described
in
the
affidavit
shall
be
paid,
23
delivered,
or
transferred
to
the
or
for
the
benefit
of
each
24
successor
of
the
decedent’s
interest
in
the
property
.
25
(2)
A
transfer
agent
of
a
security
described
in
the
26
affidavit
shall
change
registered
ownership
on
the
books
of
27
the
corporation
from
the
decedent
to
the
person
listed
on
the
28
affidavit
as
the
or
for
the
benefit
of
each
successor
of
the
29
decedent’s
interest
.
30
(3)
The
holder
of
the
property
may
return
the
attached
31
certified
copy
of
the
decedent’s
death
certificate
to
the
32
affiant.
33
b.
If
the
holder
of
the
decedent’s
property
refuses
to
34
pay,
deliver,
or
transfer
any
property
or
evidence
thereof
to
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or
for
the
benefit
of
the
successor
of
the
decedent
within
a
1
reasonable
time,
the
a
successor
may
recover
the
property
or
2
compel
its
payment,
delivery,
or
transfer
in
an
action
brought
3
for
that
purpose
against
the
holder
of
the
property.
If
an
4
action
is
brought
against
the
holder
under
this
subsection
,
5
the
court
shall
award
attorney’s
attorney
fees
to
the
person
6
bringing
the
action
if
the
court
finds
that
the
holder
of
the
7
decedent’s
property
acted
unreasonably
in
refusing
to
pay,
8
deliver,
or
transfer
the
property
to
or
for
the
person
benefit
9
of
the
successor
as
required
by
this
subsection
.
10
7.
a.
If
the
requirements
of
this
section
are
satisfied,
11
receipt
by
the
holder
of
the
decedent’s
property
of
the
12
affidavit
under
subsection
3
or
8
constitutes
sufficient
13
acquittance
for
the
payment
of
money,
delivery
of
property,
or
14
transferring
the
registered
ownership
of
property
pursuant
to
15
this
chapter
section
and
discharges
the
holder
from
any
further
16
liability
with
respect
to
the
money
or
property.
The
holder
17
may
rely
in
good
faith
on
the
statements
in
the
affidavit
and
18
has
no
duty
to
inquire
into
the
truth
of
any
statement
in
the
19
affidavit.
20
b.
If
the
requirements
of
this
section
are
satisfied,
the
21
holder
is
not
liable
for
any
debt
owed
by
the
decedent
by
22
reason
of
paying
money,
delivering
property,
or
transferring
23
registered
ownership
of
property
pursuant
to
this
chapter
24
section
.
If
an
action
is
brought
against
the
holder
under
this
25
section,
the
court
shall
award
attorney
fees
to
the
holder
if
26
the
court
finds
that
the
holder
acted
reasonably
in
paying,
27
delivering,
or
transferring
the
property
as
required
by
this
28
section.
29
8.
a.
When
a
deceased
distributee
is
entitled
to
money
30
or
property
claimed
in
an
affidavit
presented
under
this
31
section
with
respect
to
a
deceased
person
whose
estate
is
32
being
administered
in
this
state,
the
personal
representative
33
of
the
person
whose
estate
is
being
administered
shall
34
present
the
affidavit
to
the
court
in
which
the
estate
is
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being
administered.
The
court
shall
direct
the
personal
1
representative
to
pay
the
money
or
deliver
the
property
to
the
2
person
identified
by
the
affidavit
as
the
successor
of
the
3
deceased
distributee
to
the
extent
that
the
court
determines
4
that
the
deceased
distributee
was
entitled
to
the
money
or
5
property
under
the
will
or
the
laws
of
intestate
succession.
6
If
an
affidavit,
executed
under
this
section
for
a
deceased
7
distributee
of
an
estate
being
administered
in
this
state,
is
8
filed
with
the
clerk
of
the
district
court
in
which
the
estate
9
is
being
administered,
the
court
shall
direct
the
personal
10
representative
to
pay
the
money
or
deliver
the
property
to
11
or
for
the
benefit
of
each
successor
to
the
extent
the
court
12
determines
that
the
deceased
distributee
would
have
been
13
entitled
to
money
or
property
of
the
estate.
14
b.
When
the
department
of
human
services
is
entitled
to
15
money
or
property
of
a
decedent
pursuant
to
section
249A.53,
16
subsection
2
,
and
no
affidavit
has
been
presented
by
a
17
successor
of
the
decedent
as
defined
in
subsection
2
,
paragraph
18
“a”
or
“b”
,
within
ninety
days
of
the
date
of
the
decedent’s
19
death,
the
funds
in
the
account
or
other
property,
up
to
the
20
amount
of
the
claim
of
the
department,
shall
be
paid
to
the
21
department
upon
presentation
by
the
department
or
an
entity
22
designated
by
the
department
of
an
affidavit
to
the
holder
23
of
the
decedent’s
property.
Such
affidavit
shall
include
24
the
information
specified
in
subsection
3
,
except
that
the
25
department
may
submit
proof
of
payment
of
funeral
expenses
as
26
verification
of
the
decedent’s
death
instead
of
a
certified
27
copy
of
the
decedent’s
death
certificate.
The
amount
of
the
28
department’s
claim
shall
also
be
included
in
the
affidavit,
29
which
shall
entitle
the
department
to
receive
the
funds
as
30
a
successor
of
the
decedent
.
The
department
shall
issue
a
31
refund
within
sixty
days
to
any
claimant
with
a
superior
32
priority
pursuant
to
section
633.425
,
if
notice
of
such
claim
33
is
given
to
the
department,
or
to
the
entity
designated
by
34
the
department
to
receive
notice,
within
one
year
of
the
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department’s
receipt
of
funds.
This
paragraph
shall
apply
to
1
funds
or
property
of
the
decedent
transferred
to
the
custody
2
of
the
treasurer
of
state
as
unclaimed
property
pursuant
to
3
chapter
556
.
4
9.
The
procedure
provided
by
this
section
may
be
used
only
5
if
no
administration
of
the
decedent’s
estate
is
pending.
6
10.
Upon
receipt
of
an
affidavit
under
subsection
3
and
7
reasonable
proof
under
subsection
5
of
the
identity
of
each
8
successor
seeking
distribution
by
virtue
of
the
affidavit,
the
9
holder
of
the
property
shall
disclose
to
the
affiant
whether
10
the
value
of
the
property
held
by
the
holder
is,
or
has
been
11
at
any
time
since
the
decedent’s
death,
twenty-five
thousand
12
dollars
or
less.
An
affidavit
furnished
for
the
purpose
of
13
determining
whether
the
value
of
the
property
is,
or
has
been
14
at
any
time
since
the
decedent’s
death,
twenty-five
thousand
15
dollars
or
less
need
not
contain
the
language
required
under
16
subsection
3,
paragraph
“a”
,
subparagraph
(3),
but
shall
state
17
that
the
affiant
reasonably
believes
that
the
gross
value
18
of
the
decedent’s
personal
property
that
would
otherwise
be
19
distributed
by
will
or
intestate
succession
is,
or
has
been
20
at
any
time
since
the
decedent’s
death,
twenty-five
thousand
21
dollars
or
less
and
there
is
no
real
property
or
the
real
22
property
passes
to
persons
exempt
from
inheritance
tax
as
joint
23
tenants
with
full
rights
of
survivorship.
24
Sec.
3.
Section
633.432,
Code
2014,
is
amended
to
read
as
25
follows:
26
633.432
Allowance
or
disallowance
of
claim
of
personal
27
representative.
28
1.
The
A
temporary
administrator
appointed
pursuant
to
29
section
633.431
shall,
after
upon
investigation,
file
a
report
30
with
the
court
recommending
the
allowance
or
disallowance
31
of
such
a
claim
filed
pursuant
to
section
633.431
.
The
32
recommendation
may,
but
need
not,
include
information
on
the
33
substantive
merits
of
allowing
or
disallowing
the
claim.
34
The
recommendation
shall
include
a
statement
that,
upon
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investigation,
a
legitimate
dispute
either
does
or
does
not
1
exist
as
to
such
a
claim.
2
2.
Unless
the
court
allows
the
claim,
it
the
claim
shall
3
then
be
disposed
of
as
a
contested
claim
in
accordance
with
the
4
provisions
of
sections
633.439
to
633.448
.
5
Sec.
4.
2013
Iowa
Acts,
chapter
33,
section
9,
is
amended
6
to
read
as
follows:
7
SEC.
9.
APPLICABILITY.
8
1.
The
sections
of
this
Act
amending
sections
633.273A
,
and
9
633.279
,
and
633.295
apply
to
estates
of
decedents
dying
on
or
10
after
July
1,
2013.
11
1A.
The
section
of
this
Act
amending
section
633.295
applies
12
to
wills
executed
on
or
after
July
1,
2013.
13
2.
The
sections
of
this
Act
amending
sections
633.290
and
14
635.1
apply
to
petitions
filed
on
or
after
July
1,
2013.
15
3.
The
section
of
this
Act
amending
section
633.575
applies
16
to
all
judicial
proceedings
held
on
or
after
July
1,
2013,
in
17
which
an
order
for
the
appointment
of
a
conservatorship
is
18
sought
or
has
been
issued.
19
4.
The
section
of
this
Act
amending
section
633A.4504
20
applies
retroactively
to
all
reports
and
accountings
provided
21
by
a
trustee,
unless
an
exception
applies,
to
one
year
from
22
July
1,
2000.
23
Sec.
5.
APPLICABILITY.
The
section
of
this
Act
amending
24
section
633.295
applies
to
wills
executed
on
or
after
July
1,
25
2014.
26
Sec.
6.
RETROACTIVE
APPLICABILITY.
The
section
of
this
Act
27
amending
2013
Iowa
Acts,
chapter
33,
section
9,
is
applicable
28
retroactively
to
July
1,
2013.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
wills
including
witness
testimony,
33
distribution
of
property,
and
claims
of
personal
34
representatives,
and
includes
applicability
provisions.
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PROBATE
OF
WILLS
——
TESTIMONY
OF
WITNESSES
TO
WILL
1
EXECUTION.
The
bill
amends
Code
section
633.295
(affidavit
2
form
for
written
testimony
by
witnesses
to
a
will)
to
allow
3
execution
of
a
self-proving
will
affidavit
before
or
after
the
4
decedent’s
death
and
not
just
after
the
decedent’s
death.
This
5
amendment
applies
to
wills
executed
on
or
after
July
1,
2014.
6
The
bill
also
amends
an
applicability
provision
in
2013
7
Iowa
Acts,
chapter
33,
§9
(HF
591)
to
this
same
Code
section
8
providing
that
witnesses
to
a
will
need
only
know
the
identity
9
of
the
testator
and
other
witnesses.
This
amendment
also
10
applies
retroactively
to
wills
executed
on
or
after
July
1,
11
2013,
and
not
to
estates
of
decedents
dying
on
or
after
July
1,
12
2013.
13
TITLE
AND
POSSESSION
OF
DECEDENT’S
PROPERTY
——
DISTRIBUTION
14
OF
PROPERTY
BY
AFFIDAVIT.
The
bill
amends
Code
section
633.356
15
relating
to
the
distribution
of
property
by
affidavit
where
16
the
gross
value
of
a
decedent’s
personal
property
that
would
17
otherwise
be
distributed
by
will
or
intestate
succession
is
18
$25,000
or
less
and
there
is
no
real
property
or
the
property
19
passes
to
persons
exempt
from
inheritance
tax
as
joint
tenants
20
with
right
of
survivorship.
In
this
situation
currently,
a
21
successor
of
the
decedent
may,
by
filing
an
affidavit,
receive
22
any
particular
item
of
tangible
personal
property
of
the
23
decedent,
have
any
evidence
of
a
debt,
obligation,
interest,
24
right,
security,
or
chose
in
action
belonging
to
the
decedent
25
transferred,
and
collect
the
proceeds
from
any
life
insurance
26
policy
or
any
other
item
of
property
for
which
a
beneficiary
27
has
not
been
designated.
28
The
amendments
to
this
section
specify
this
Code
section
29
is
applicable
when
the
gross
value
of
the
decedent’s
personal
30
property
is,
or
has
been
at
any
time
since
the
decedent’s
31
death,
$25,000
or
less
and
there
is
no
personal
property
or
32
the
property
passes
to
persons
exempt
from
inheritance
tax
33
as
joint
tenants
with
full
rights
of
survivorship;
define
a
34
successor
to
include
a
reasonably
ascertainable
beneficiary
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if
decedent
died
testate
(with
a
will),
or
a
reasonably
1
ascertainable
person
if
decedent
died
intestate
(without
2
a
will),
or
an
Iowa
Medicaid
agency
that
provided
medical
3
assistance
benefits
to
the
decedent;
amend
certain
requirements
4
relating
to
information
contained
in
the
affidavit
to
include
5
all
of
the
following:
a
general
rather
than
a
particular
6
description
of
the
decedent’s
property,
a
successor’s
tax
7
identification
number
rather
than
social
security
number,
and
8
the
relationship
of
each
successor
to
the
decedent,
that
a
9
copy
of
the
decedent’s
will
if
applicable
has
been
delivered
10
to
the
clerk
of
the
district
court,
that
the
affiant
(person
11
making
and
signing
the
affidavit)
has
requested
that
the
12
appropriate
property
be
paid,
delivered,
or
transferred
to
or
13
for
the
benefit
of
each
successor;
that
when
there
are
two
or
14
more
successors
only
one
of
the
successors
is
required
to
sign
15
the
affidavit;
that
the
holder
of
the
property
(person
having
16
possession,
custody,
or
control
of
another’s
property)
may
17
return
a
certified
copy
of
the
decedent’s
death
certificate
18
to
the
affiant;
that
attorney
fees
may
be
awarded
to
a
holder
19
if
the
court
finds
the
holder
acted
reasonably
in
paying,
20
delivering,
or
transferring
the
requisite
property;
that
when
21
an
affidavit
is
filed
with
the
clerk
of
the
district
court
in
22
which
the
estate
is
being
administered,
the
court
shall
direct
23
the
personal
representative
to
pay
the
money
or
deliver
the
24
property
to
or
for
the
benefit
of
each
successor
to
the
extent
25
the
court
determines
that
the
deceased
distributee
would
have
26
been
entitled
to
money
or
property
of
the
estate;
and
that
27
an
affidavit
can
be
used
to
ascertain
whether
the
value
of
a
28
decedent’s
property
exceeds
the
statutory
$25,000
limit.
29
CLASSIFICATION,
ALLOWANCE,
AND
PAYMENT
OF
DEBTS
AND
30
CHARGES
——
TEMPORARY
ADMINISTRATOR
REPORT.
The
bill
31
amends
Code
section
633.432
relating
to
the
allowance
or
32
disallowance
of
a
personal
representative’s
claim
(where
33
the
personal
representative
is
a
creditor
of
the
decedent)
34
against
a
decedent’s
estate
and
the
contents
of
a
temporary
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administrator’s
report
to
the
court.
The
bill
allows
a
1
temporary
administrator
to
limit
the
administrator’s
report
2
to
a
recommendation
allowing
or
disallowing
the
claim
by
a
3
statement
that,
upon
investigation,
a
legitimate
dispute
either
4
does
or
does
not
exist
as
to
such
a
claim.
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