Senate
File
235
-
Enrolled
Senate
File
235
AN
ACT
RELATING
TO
THE
DENIAL
AND
CONTEST
OF
PROBATE
CLAIMS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
633.438,
Code
2021,
is
amended
to
read
as
follows:
633.438
General
denial
of
claims.
Where
a
claim
has
been
filed,
but
not
admitted
in
writing
by
the
personal
representative
before
a
request
for
hearing
has
been
given
as
hereinafter
provided,
the
claim
shall
be
considered
as
generally
denied
by
the
personal
representative
without
any
pleading
on
behalf
of
the
personal
representative.
Sec.
2.
Section
633.440,
Code
2021,
is
amended
to
read
as
follows:
633.440
Contents
of
notice
of
disallowance.
Such
a
notice
of
disallowance
shall
advise
the
claimant
that
the
claim
has
been
disallowed
and
will
be
forever
barred
unless
the
claimant
shall
within
twenty
days
after
the
date
of
mailing
the
notice,
file
a
request
for
hearing
on
the
claim
with
the
clerk
,
and
mail
a
copy
of
such
request
for
hearing
to
the
personal
representative
and
the
attorney
of
record,
if
any,
by
certified
mail
.
Sec.
3.
Section
633.442,
Code
2021,
is
amended
to
read
as
follows:
633.442
Claims
barred
after
twenty
days.
Unless
the
claimant
shall
within
twenty
days
after
the
date
of
mailing
the
notice
of
disallowance,
file
a
request
Senate
File
235,
p.
2
for
hearing
with
the
clerk
and
mail
a
copy
of
the
request
for
hearing
to
the
personal
representative
and
to
the
attorney
of
record,
if
any
,
the
claim
shall
be
deemed
disallowed,
and
shall
be
forever
barred.
Sec.
4.
Section
633.443,
Code
2021,
is
amended
to
read
as
follows:
633.443
Request
for
hearing
by
claimant.
At
the
time
of
the
filing
of
a
claim
against
an
estate,
or
at
any
time
thereafter
prior
to
the
time
that
the
claim
may
be
barred
by
the
provisions
of
section
633.442
,
or
the
approval
of
the
final
report
of
the
personal
representative
after
notice
to
the
claimant,
the
claimant
may
file
a
request
for
hearing
with
the
clerk
,
and
mail
a
copy
of
the
request
for
hearing
to
the
personal
representative
and
attorney
of
record,
if
any
.
Sec.
5.
Section
633.444,
Code
2021,
is
amended
to
read
as
follows:
633.444
Applicability
of
rules
of
civil
procedure.
Within
twenty
days
from
the
filing
of
the
request
for
hearing
on
a
claim,
the
personal
representative
shall
move
or
plead
to
said
claim
The
personal
representative
shall
file
a
pre-answer
motion
or
answer
to
a
claim
within
twenty
days
from
the
filing
of
the
request
for
hearing
on
the
claim
in
the
same
manner
as
though
the
claim
were
a
petition
filed
in
an
ordinary
action,
and
thereafter,
all
provisions
of
law
and
rules
of
civil
procedure
applicable
to
motions,
pleadings
and
the
trial
of
ordinary
actions
shall
apply;
provided,
however,
that
a
restatement
of
such
claim
shall
not
be
barred
by
the
provisions
of
section
633.410
.
Sec.
6.
Section
633.447,
Code
2021,
is
amended
to
read
as
follows:
633.447
Trial
and
hearing.
The
trial
of
a
claim
and
the
offsets
or
counterclaims,
if
any,
shall
be
to
the
court
without
a
jury.
However,
the
court
may,
in
its
discretion,
either
on
its
own
motion
or
upon
the
motion
of
any
party,
submit
the
matter
to
a
jury.
In
the
event
that
the
amount
of
the
claim
or
a
counterclaim
exceeds
the
sum
of
three
hundred
dollars
stated
in
section
631.1,
subsection
1
,
either
party
shall
be
entitled
to
a
jury
trial,
if
a
written
Senate
File
235,
p.
3
demand
is
made
as
provided
in
the
rules
of
civil
procedure
in
relation
to
the
trial
of
ordinary
actions.
Sec.
7.
Section
633.448,
Code
2021,
is
amended
to
read
as
follows:
633.448
Allowance
and
judgment.
Upon
the
trial
of
a
claim,
offsets
and
counterclaims,
the
amount
owing
by
or
to
the
estate,
if
any,
shall
be
determined.
A
claim
against
the
estate
shall
be
allowed
for
the
net
amount.
Judgment
shall
be
rendered
for
any
amount
found
to
be
due
the
estate.
If
a
judgment
is
rendered
against
a
claimant
for
any
net
amount,
execution
may
issue
in
the
same
manner
as
on
judgments
in
civil
cases.
The
judgment
against
any
interested
party
may
be
deducted
from
any
amounts
the
estate
owes
to
the
interested
party.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
235,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor