SF 376 (LSB 1083SV (2) 86)

SENATE FILE 376

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1077)

A BILL FOR

An Act relating to the calculation of certain court costs in probate, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 633.31, Code 2015, is amended to read as follows:
   633.31  Calendar —— fees court costs in probate.
   1.  The clerk shall keep a court calendar, and enter thereon such matters as the court may prescribe.
   2.  The clerk shall charge and collect the following fees court costs in connection with probate matters, which shall be deposited in the account established under section 602.8108:
   a.  For services performed in short 

form probates pursuant to sections 

450.22 and 450.44$ 15.00
   b.  For services performed in probate of

will without administration $ 15.00
   c.  For filing and indexing a transcript$ 50.00
   d.  For taking and approving a bond, or 

the sureties on a bond $ 20.00
   e.  For entering a rule or order $ 10.00
   f.  For certificate and seal $ 10.00
   g.  For making a complete record where

real estate is sold  per 100 words $   .20
   h.  For making a transcript or copies of 

orders or records filed in

the clerk’s office  per 100 words $   .50
   i.  For certifying change of title $ 20.00
   j.  For issuing commission to

appraisers $  2.00
   k.  For other services performed in the settlement of the estate of any decedent, minor, person with mental illness, or other persons laboring under legal disability, except where actions are brought by the administrator, guardian, trustee, or person acting in a representative capacity or against that person, or as may be otherwise provided herein, where the value of the personal property and real estate of such a person falls within the following indicated amounts, the fee court costs opposite such amount shall be charged, in accordance with subsection 3 or 4, as applicable.
   (1)  Up to $3,000.00 $  5.00
   (2)  $3,000.00 to $5,000.00 $ 10.00
   (3)  $5,000.00 to $7,000.00 $ 15.00
   (4)  $7,000.00 to $10,000.00 $ 20.00
   (5)  $10,000.00 to $15,000.00 $ 25.00
   (6)  $15,000.00 to $25,000.00 $ 30.00
   (7)  For each additional $25,000.00 or

 major fraction thereof $ 50.00
   l.  For services performed in small

 estate administration $ 15.00
   3.  The fee court costs set forth in subsection 2, paragraph “k”, shall not be charged on any property transferred to a testamentary trust from an estate that has been administered in this state and for which court costs have been assessed and paid.
   4.  For purposes of determining the court costs set forth in subsection 2, paragraph “k”, the “value of the personal property and real estate of such a person” means the gross assets of the estate listed in the probate inventory minus the following, unless the proceeds of such assets are payable to the estate: 
   a.  Joint tenancy property.
   b.  Transfers during such person’s lifetime.
   c.  Assets payable to beneficiaries, including but not limited to life insurance, annuities, individual retirement accounts, retirement plans, transfer on death accounts, and payable on death accounts. 
    Sec. 2.  APPLICABILITY.  The section of this Act amending section 633.31 applies to estates opened on or after July 1, 2015.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the court costs the clerk of probate court charges and collects in connection with probate matters.
   The bill specifies that for purposes of calculating the court costs for other services performed in the settlement of the estate of any decedent, minor, person with mental illness, or other persons laboring under legal disability, the value of such a person’s personal property and real estate is equal to the gross assets of the estate listed in the probate inventory minus, unless the proceeds of the gross assets are payable to the estate, joint tenancy property, transfers made during such person’s lifetime, and assets payable to beneficiaries, some of which are enumerated.
   Under current law, joint tenancy property, transfers made during such person’s lifetime, and assets payable to beneficiaries are not excluded from the value of the personal property and real estate used to calculate the court costs due to the clerk pursuant to Code section 633.31(2)(k).
   The bill applies to estates opened on or after July 1, 2015.