HF 40 (LSB 1102YH (2) 88)

HOUSE FILE 40

BY  SALMON

A BILL FOR

An Act relating to calculation of attorney fees for attorneys representing personal representatives in administration of estates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 633.198, Code 2019, is amended to read as follows:
   633.198  Attorney fee.
   There shall also be allowed and taxed as part of the costs of administration of estates as an attorney fee for the personal representative’s attorney, such reasonable fee as may be determined by the court, for services rendered, but not in excess of the attorney’s normal hourly rate or the schedule of fees herein provided for personal representatives, whichever is less.
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 calculation of attorney fees for attorneys representing personal representatives in administration of estates. Current law allows a reasonable attorney fee for the personal representative’s attorney, as may be determined by the court, to be taxed as part of the costs of administration of estates. The current fee may not be in excess of the schedule of fees provided for personal representatives, which sets a maximum fee based on certain percentages of the gross assets of the estate. The bill provides that the attorney fee may not be in excess of the schedule of fees provided for personal representatives or the attorney’s normal hourly rate, whichever is less.