H.F. _____ Section 1. NEW SECTION . 633.273A Disposition of failed 1 devise. 2 Unless from the terms of the will the intent is clear and 3 explicit to the contrary, and except as provided in section 4 633.273: 5 1. A devise, other than a residuary devise, that fails for 6 any reason becomes a part of the residuary estate. 7 2. If the residuary estate is devised to two or more 8 persons, the share of a residuary devisee that fails for any 9 reason passes to the other residuary devisee or to the other 10 residuary devisees in proportion to the interest of each in the 11 remaining part of the residuary estate. 12 Sec. 2. Section 633.279, subsection 2, paragraph a, Code 13 2013, is amended by striking the paragraph and inserting in 14 lieu thereof the following: 15 a. An attested will may be made self-proved at the time of 16 its execution, or at any subsequent date, by the acknowledgment 17 thereof by the testator and the affidavits of the witnesses, 18 each made before a person authorized to administer oaths 19 and take acknowledgments under the laws of this state, and 20 evidenced by such person’s certificate, under seal, attached 21 or annexed to the will, in form and content substantially as 22 follows: 23 Affidavit 24 State of ...... ) 25 County of ...... ) ss 26 We, the undersigned, ....... , ....... and ......... , the 27 testator and the witnesses, respectively, whose names are 28 signed to the attached or foregoing instrument, being first 29 duly sworn, declare to the undersigned authority that at the 30 date of the instrument, we all knew the identity of each other; 31 the instrument was exhibited to the witnesses by the testator, 32 who declared it to be the testator’s last will and testament 33 and was signed by the testator or by another at the direction 34 of the testator at ........ , in the County of ...... , State 35 -1- LSB 1114YC (9) 85 rh/rj 1/ 8

H.F. _____ of ...... , on the date shown in the instrument, and in the 1 presence of each other as subscribing witnesses; that we, as 2 witnesses, declare to the undersigned authority that in our 3 presence the testator executed and acknowledged such will as 4 the testator’s will and that we, in the testator’s presence, at 5 the testator’s request, and in the presence of each other, did 6 subscribe our names thereto as attesting witnesses on the date 7 of such will; and that the witnesses were sixteen years of age 8 or older. 9 ............................ 10 Testator 11 ............................ 12 Witness 13 ............................ 14 Witness 15 ............................ 16 Subscribed, sworn and acknowledged before me by ........ , the 17 testator; and subscribed and sworn before me by ........ and 18 ....... , witnesses, this ... day of ...... (month), ... (year) 19 ..................................... 20 ............................. 21 Notary Public, or other notarial 22 officer authorized to take 23 (Stamp) and certify acknowledgments 24 and administer oaths 25 Sec. 3. Section 633.290, Code 2013, is amended to read as 26 follows: 27 633.290 Petition for probate of will Petitions after death 28 of testator . 29 1. At the time the will of a decedent is filed with the 30 clerk, or thereafter, After the death of the testator, any 31 interested person may file a verified petition in the district 32 court of the proper county for any of the following : 33 1. a. To have the will admitted to probate ; . 34 2. b. For the appointment of the executor. 35 -2- LSB 1114YC (9) 85 rh/rj 2/ 8

H.F. _____ c. To request a hearing before the will is admitted to 1 probate. 2 d. To request a hearing before the appointment of the 3 executor. 4 e. For the production of the purported will of the decedent 5 to be filed by the person believed by the petitioner to be in 6 possession of the will. 7 2. A petition for probate may be combined with a petition 8 for appointment of the executor, and any person interested 9 in either the probate of a will or in the appointment of 10 the executor, may petition for both Petitions for any of the 11 reasons specified in subsection 1 may be combined . 12 Sec. 4. Section 633.295, Code 2013, is amended to read as 13 follows: 14 633.295 Testimony of witnesses. 15 The proof may be made by the oral or written testimony of 16 one or more of the subscribing witnesses to the will. If such 17 testimony is in writing, it shall be substantially in the 18 following form executed and sworn to after the death of the 19 decedent: 20 In the District Court of Iowa 21 In and for ...... County 22 In the Matter of the Estate of ...... 23 ...... , Deceased 24 Probate No. .... 25 Testimony of Subscribing 26 Witness on Probate of Will. 27 State of ...... ) 28 ...... County ) ss 29 I, ...... , being first duly sworn, state: 30 I reside in the County of ...... , State of ........ ; I knew 31 the identity of the testator on the .... day of ...... (month), 32 ... (year), the date of the instrument, the original or exact 33 reproduction of which is attached hereto, now shown to me, 34 and purporting to be the last will and testament of the said 35 -3- LSB 1114YC (9) 85 rh/rj 3/ 8

H.F. _____ ........ , deceased; I am one of the subscribing witnesses 1 to said instrument; at the said date of said instrument, I 2 knew the identity of ...... , the other subscribing witness; 3 that said instrument was exhibited to me and to the other 4 subscribing witness by the testator, who declared the same to 5 be the testator’s last will and testament, and was signed by 6 the testator at .......... , in the County of ...... , State of 7 ........ , on the date shown in said instrument, in the presence 8 of myself and the other subscribing witness; and the other 9 subscribing witness and I then and there, at the request of the 10 testator, in the presence of said testator and in the presence 11 of each other, subscribed our names thereto as witnesses. 12 ........... 13 Name of witness 14 ........... 15 Address 16 Subscribed and sworn to before me this ... day of ...... 17 (month), ... (year) 18 ........... 19 Notary Public in and for 20 (Stamp) the State of ...... 21 Sec. 5. Section 633.356, subsection 3, paragraph c, Code 22 2013, is amended to read as follows: 23 c. That the gross value of the decedent’s personal property 24 that would otherwise be distributed by will or intestate 25 succession does not exceed twenty-five thousand dollars and 26 there is no real property or the real property passes to 27 persons exempt from inheritance tax pursuant to section 450.9 28 as joint tenants with right of survivorship. 29 Sec. 6. Section 633.575, Code 2013, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 7. If the court determines upon application 32 that it is appropriate or necessary, the court may order that 33 the attorney appointed pursuant to this section be given copies 34 of and access to the proposed ward’s health information by 35 -4- LSB 1114YC (9) 85 rh/rj 4/ 8

H.F. _____ describing with reasonable specificity the health information 1 to be disclosed or accessed, for the purpose of fulfilling the 2 attorney’s responsibilities pursuant to this section. 3 Sec. 7. Section 633A.4504, subsection 3, Code 2013, is 4 amended to read as follows: 5 3. Any claim for breach of trust against a trustee who 6 has presented an accounting or report to a beneficiary more 7 than one year prior to July 1, 2011 2000 , shall be time barred 8 unless some exception stated in this section applies which 9 tolls the statute. Any claim arising under this section within 10 one year of July 1, 2011 2000 , shall be time barred after one 11 year unless an exception applies to toll the statute. 12 Sec. 8. Section 635.1, Code 2013, is amended to read as 13 follows: 14 635.1 When applicable. 15 When the gross value of the probate assets of a decedent 16 subject to the jurisdiction of this state does not exceed one 17 hundred thousand dollars, and upon a petition as provided in 18 section 635.2 of an authorized petitioner in accordance with 19 section sections 633.227 , and 633.228 , or section 633.290 , 20 subsection 1, paragraph “a” or “b” , the clerk shall issue 21 letters of appointment for administration to the proposed 22 personal representative named in the petition, if qualified to 23 serve pursuant to section 633.63 or upon court order pursuant 24 to section 633.64 . Unless otherwise provided in this chapter , 25 the provisions of chapter 633 apply to an estate probated 26 pursuant to this chapter . 27 Sec. 9. APPLICABILITY. 28 1. The sections of this Act amending sections 633.273A, 29 633.279, and 633.295 apply to estates of decedents dying on or 30 after July 1, 2013. 31 2. The sections of this Act amending sections 633.290 and 32 635.1 apply to petitions filed on or after July 1, 2013. 33 3. The section of this Act amending section 633.575 applies 34 to all judicial proceedings held on or after July 1, 2013, in 35 -5- LSB 1114YC (9) 85 rh/rj 5/ 8

H.F. _____ which an order for the appointment of a conservatorship is 1 sought or has been issued. 2 4. The section of this Act amending section 633A.4504 3 applies retroactively to all reports and accountings provided 4 by a trustee, unless an exception applies, to one year from 5 July 1, 2000. 6 EXPLANATION 7 PROBATE CODE. 8 DISPOSITION OF FAILED DEVISE. This bill creates new Code 9 section 633.273A. New subsection 1 codifies the common law 10 concept of lapse that applies in a situation where a devisee 11 (beneficiary) named in a will dies before the testator (person 12 who creates the will). In such a situation, the testator’s 13 estate (property) passes to the testator’s residuary estate 14 (any portion of the testator’s estate not specifically devised 15 in a will). New subsection 2 reverses the common law doctrine 16 of “no residue of a residue” that addresses the situation 17 where a residuary (devisee) dies before the testator and the 18 testator’s residuary estate passes as though the testator died 19 intestate (without a will). The bill provides that if the 20 residuary estate is devised to two or more devisees and one 21 devisee has died, then the entire residuary estate is passed to 22 the surviving residuary devisee or devisees. These provisions 23 apply except as provided in Code section 633.273 relating to 24 devises to certain relatives of the testator who survive the 25 testator (Iowa’s anti-lapse statute) and unless the terms of 26 the will explicitly provide otherwise. This provision applies 27 to all decedents dying on or after July 1, 2013. 28 SELF-PROVING WILL AFFIDAVIT. The bill amends Code 29 section 633.279, subsection 2, relating to the execution of a 30 self-proving will which allows the testator and witnesses to 31 the will to submit a notarized affidavit. The bill amends the 32 language of the affidavit to make the language consistent with 33 the language of a formal will execution. A conforming change 34 is made to Code section 633.295 relating to the testimony of 35 -6- LSB 1114YC (9) 85 rh/rj 6/ 8

H.F. _____ witnesses to the will. The amendments apply to estates of 1 decedents dying on or after July 1, 2013. 2 PETITIONS FILED AFTER DEATH OF TESTATOR. Current Code 3 section 633.290 provides that after a testator (person who 4 executed a will) dies, any interested person may file a 5 petition with the court to admit the will to probate or to have 6 an executor appointed. The bill expands the scope of this 7 Code section to also allow any interested person to file a 8 petition with the court to request a hearing before the will 9 is admitted to probate or before an executor is appointed, and 10 for the production of the decedent’s purported will. Petitions 11 for any of the reasons specified may be combined. The bill 12 makes a conforming change to Code section 635.1, relating to 13 the administration of small estates. These provisions apply to 14 petitions filed or after July 1, 2013. 15 DISTRIBUTION OF PROPERTY BY AFFIDAVIT. The bill amends Code 16 section 633.356, subsection 3, relating to the distribution of 17 property by affidavit in certain situations where the gross 18 value of the decedent’s personal property that would otherwise 19 be distributed does not exceed $25,000. The bill adds the 20 words “that would otherwise be distributed by will or intestate 21 succession” consistent with changes made to this Code section 22 in 2010 Iowa Acts, chapter 1137 (HF 2483). 23 CONSERVATORSHIP PROCEEDINGS —— APPOINTED ATTORNEY ACCESS 24 TO HEALTH INFORMATION. The bill provides that if the court 25 determines it would be in a ward’s best interest to have legal 26 representation with respect to conservatorship proceedings, the 27 court may order that the attorney appointed be given copies 28 of and access to the proposed ward’s health information by 29 describing with reasonable specificity the health information 30 to be disclosed or accessed, for the purpose of fulfilling the 31 attorney’s responsibilities. This provision applies to all 32 judicial proceedings, in which an order for the appointment 33 of a conservatorship is sought or has been issued, held on or 34 after July 1, 2013. 35 -7- LSB 1114YC (9) 85 rh/rj 7/ 8

H.F. _____ TRUST CODE —— LIMITATION OF ACTION AGAINST TRUSTEE. Current 1 law in Code section 633A.4504 bars a lawsuit against a trustee 2 for breach of trust unless the lawsuit is filed within one 3 year after the beneficiary’s receipt of the final accounting 4 or report of the trustee. This law was enacted as a transition 5 provision barring claims against trustees who provided reports 6 to beneficiaries before the trust code was enacted in 2000 to 7 provide that the statute-of-limitation period was one year from 8 July 1, 2000. In 2012 Iowa Acts chapter 1123 (HF 609), the 9 year was amended to July 1, 2011. The bill amends this date 10 retroactively applicable to July 1, 2000. 11 -8- LSB 1114YC (9) 85 rh/rj 8/ 8