HF 639 (LSB 1816HZ (4) 87)

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 probate matters, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 633.31, Code 2017, 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:
   0a.  For services performed in probate administration of the estate of a decedent under the provisions of this chapter, where the value of the personal property and real estate of such a person falls within the following indicated amounts, the court costs opposite such amount shall be charged:
   (1)  Up to $5,000,000.00$ 185.00
   (2)  Greater than $5,000,000.00$ 250.00
   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.
   (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 $ 15.00 185.00
   3.  a.  For purposes of determining the court costs set forth in subsection 2, paragraphs “0a” and “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:
   (1)  Joint tenancy property.
   (2)  Transfers during such person’s lifetime.
   (3)  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. 
   b.  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.
   c.  The court costs set forth in subsection 2, paragraph “k”, shall not be charged on any property transferred to an estate from a conservatorship that has been administered in this state and for which court costs have been assessed and paid.
    Sec. 2.  APPLICABILITY.  This Act applies to estates of decedents dying on or after January 1, 2018.
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 provides that for services performed in probate administration of an estate under the provisions of Code chapter 633, the court costs are $185 if the value of the estate is $5 million or less, and $250 if the value of the estate exceeds $5 million. The bill provides that joint tenancy property, property transfers made during the decedent’s lifetime, and assets payable to beneficiaries are to be excluded from the value of the decedent’s estate for purposes of determining the court costs, unless the proceeds of such assets are payable to the estate.
   Under current law, a fee of $10 is charged for the entering of a rule or order in connection with a probate matter. The bill strikes this provision.
   Under current law, a fee of $15 is charged for services performed in connection with the administration of small estates (Code chapter 635). The bill increases the cost for such services to $185.
   Under current law, Code section 633.31(2)(k) provides a sliding scale fee for services performed in connection with the settlement of an estate based upon the value of the decedent’s estate. The bill provides that joint tenancy property, property transfers made during the person’s lifetime, and assets payable to beneficiaries are to be excluded from the value of the decedent’s estate for purposes of determining the fee, described as court costs in the bill, unless the proceeds of such assets are payable to the estate.
   Additionally, the bill provides that the court costs due to the clerk pursuant to Code section 633.31(2)(k) shall not be charged on any property transferred to an estate from a conservatorship that has been administered in Iowa and for which court costs have been assessed and paid.
   The bill applies to estates of decedents dying on or after January 1, 2018.