House File 639 - Introduced HOUSE FILE 639 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 252) (SUCCESSOR TO HSB 28) A BILL FOR An Act relating to the calculation of certain court costs in 1 probate matters, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1816HZ (4) 87 jh/rj

H.F. 639 Section 1. Section 633.31, Code 2017, is amended to read as 1 follows: 2 633.31 Calendar —— fees court costs in probate. 3 1. The clerk shall keep a court calendar, and enter thereon 4 such matters as the court may prescribe. 5 2. The clerk shall charge and collect the following fees 6 court costs in connection with probate matters, which shall be 7 deposited in the account established under section 602.8108 : 8 0a. For services performed in probate administration of 9 the estate of a decedent under the provisions of this chapter, 10 where the value of the personal property and real estate of 11 such a person falls within the following indicated amounts, the 12 court costs opposite such amount shall be charged: 13 (1) Up to $5,000,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 185.00 14 (2) Greater than $5,000,000.00 . . . . . . . . . . . . . . . . . . . . . . $ 250.00 15 a. For services performed in short form probates pursuant 16 to sections 450.22 and 450.44 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 17 b. For services performed in probate of 18 will without administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 19 c. For filing and indexing a transcript . . . . . . . . . . . . . $ 50.00 20 d. For taking and approving a bond, or 21 the sureties on a bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00 22 e. For entering a rule or order . . . . . . . . . . . . . . . . . . . . $ 10.00 23 f. For certificate and seal . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 24 g. For making a complete record where 25 real estate is sold . . . . . per 100 words . . . . . . . . . . . . . . . . $ .20 26 h. For making a transcript or copies of 27 orders or records filed in 28 the clerk’s office . . . . . . per 100 words . . . . . . . . . . . . . . . . $ .50 29 i. For certifying change of title . . . . . . . . . . . . . . . . . . $ 20.00 30 j. For issuing commission to 31 appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 32 k. For other services performed in the settlement of the 33 estate of any decedent, minor, person with mental illness, or 34 other persons laboring under legal disability, except where 35 -1- LSB 1816HZ (4) 87 jh/rj 1/ 4

H.F. 639 actions are brought by the administrator, guardian, trustee, 1 or person acting in a representative capacity or against that 2 person, or as may be otherwise provided herein, where the value 3 of the personal property and real estate of such a person falls 4 within the following indicated amounts, the fee court costs 5 opposite such amount shall be charged , in accordance with 6 subsection 3 . 7 (1) Up to $3,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00 8 (2) $ 3,000.00 to $ 5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 9 (3) $ 5,000.00 to $ 7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 10 (4) $ 7,000.00 to $ 10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00 11 (5) $ 10,000.00 to $ 15,000.00 . . . . . . . . . . . . . . . . . . . . . . . $ 25.00 12 (6) $ 15,000.00 to $ 25,000.00 . . . . . . . . . . . . . . . . . . . . . . . $ 30.00 13 (7) For each additional $25,000.00 or 14 major fraction thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 15 l. For services performed in small 16 estate administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 17 185.00 18 3. a. For purposes of determining the court costs set 19 forth in subsection 2, paragraphs “0a” and “k” , the “value of 20 the personal property and real estate of such a person” means 21 the gross assets of the estate listed in the probate inventory 22 minus the following, unless the proceeds of such assets are 23 payable to the estate: 24 (1) Joint tenancy property. 25 (2) Transfers during such person’s lifetime. 26 (3) Assets payable to beneficiaries, including but not 27 limited to life insurance, annuities, individual retirement 28 accounts, retirement plans, transfer on death accounts, and 29 payable on death accounts. 30 b. The fee court costs set forth in subsection 2 , paragraph 31 “k” , shall not be charged on any property transferred to a 32 testamentary trust from an estate that has been administered 33 in this state and for which court costs have been assessed and 34 paid. 35 -2- LSB 1816HZ (4) 87 jh/rj 2/ 4

H.F. 639 c. The court costs set forth in subsection 2, paragraph “k” , 1 shall not be charged on any property transferred to an estate 2 from a conservatorship that has been administered in this state 3 and for which court costs have been assessed and paid. 4 Sec. 2. APPLICABILITY. This Act applies to estates of 5 decedents dying on or after January 1, 2018. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the court costs the clerk of probate 10 court charges and collects in connection with probate matters. 11 The bill provides that for services performed in probate 12 administration of an estate under the provisions of Code 13 chapter 633, the court costs are $185 if the value of the 14 estate is $5 million or less, and $250 if the value of the 15 estate exceeds $5 million. The bill provides that joint 16 tenancy property, property transfers made during the decedent’s 17 lifetime, and assets payable to beneficiaries are to be 18 excluded from the value of the decedent’s estate for purposes 19 of determining the court costs, unless the proceeds of such 20 assets are payable to the estate. 21 Under current law, a fee of $10 is charged for the entering 22 of a rule or order in connection with a probate matter. The 23 bill strikes this provision. 24 Under current law, a fee of $15 is charged for services 25 performed in connection with the administration of small 26 estates (Code chapter 635). The bill increases the cost for 27 such services to $185. 28 Under current law, Code section 633.31(2)(k) provides a 29 sliding scale fee for services performed in connection with the 30 settlement of an estate based upon the value of the decedent’s 31 estate. The bill provides that joint tenancy property, 32 property transfers made during the person’s lifetime, and 33 assets payable to beneficiaries are to be excluded from the 34 value of the decedent’s estate for purposes of determining the 35 -3- LSB 1816HZ (4) 87 jh/rj 3/ 4

H.F. 639 fee, described as court costs in the bill, unless the proceeds 1 of such assets are payable to the estate. 2 Additionally, the bill provides that the court costs due 3 to the clerk pursuant to Code section 633.31(2)(k) shall not 4 be charged on any property transferred to an estate from a 5 conservatorship that has been administered in Iowa and for 6 which court costs have been assessed and paid. 7 The bill applies to estates of decedents dying on or after 8 January 1, 2018. 9 -4- LSB 1816HZ (4) 87 jh/rj 4/ 4