SSB 1246 (LSB 1220XD (8) 86)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to the calculation of certain fees in probate.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 633.31, Code 2015, is amended to read as follows:
   633.31  Calendar —— fees 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 in connection with probate matters, which shall be deposited in the account established under section 602.8108:
   a.  For services performed in short 

form probates pursuant to sections 

450.22 and 450.44$ 15.00

                    the filing and docketing fee

                 set forth in section 602.8105,

                 subsection 1, paragraph “a”

   b.  For services performed in probate of a

will without administration 15.00

                    the filing and docketing fee

                 set forth in section 602.8105,

                 subsection 1, paragraph “a”

   c.  For services performed in testamentary trust

 administration under this chapter or when jurisdiction is

 invoked under chapter 633A the filing and docketing
                   fee set forth in section 

                 602.8105, subsection 1,
                   paragraph “a”
   d.  For services performed in a guardianship, standby

guardianship, or combined guardianship and 

conservatorshipthe filing and docketing fee  

                 set forth in section 

                 602.8105, subsection 1,

                 paragraph “a”
   e.  For services performed in small estate

 administration$ 50.00
   f.  For depositing a will for safekeeping by

 a living testator$ 50.00
   c.  g.  For filing and indexing a transcript$ 50.00
   d.  h.  For taking and approving a bond, or 

the sureties on a bond $ 20.00
   e.  For entering a rule or order 10.00
   f.  i.  For certificate and seal 10.00
                                $ 20.00

   g.  For making a complete record where

real estate is sold  per 100 words   .20
   h.  j.  For making a transcript or copies of 

orders or records filed in the clerk’s office or

 printing a copy of an electronic record

 or document,  per 100 words page $ .50
   i.  k.  For certifying change of title 20.00
                                $ 50.00

   j.  l.  For issuing commission to

appraisers  2.00
                                $100.00

   k.  m.  For other services performed in the settlement probate with administration of the an estate of any decedent, minor, person with mental illness, or other persons laboring under legal disability or the administration of a conservatorship, except where actions are brought by the administrator, guardian, trustee conservator, personal representative, 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 gross assets of the estate or conservatorship falls within the following indicated amounts, the fee opposite such amount shall be charged.
   (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
   3.  The fee set forth in subsection 2, paragraph “k” “m”, 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.
   4.  The clerk shall charge the filing and docketing fee set forth in section 602.8105, subsection 1, paragraph “a”, for the filing and docketing of a petition by an interested third party against an original party to a probate matter. The fee shall be deposited in the account established in section 602.8108.
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 fees the clerk of the probate court charges in connection with certain probate matters. 
   For services performed in short form probate and probate of a will without administration, the bill increases the fee from $15.00 to the civil filing and docketing fee set forth in Code section 602.8105(1)(a), or $185.00. The bill establishes that for services performed in testamentary trust administration under Code chapter 633, when jurisdiction is invoked under Code chapter 633A, or for services performed in a guardianship, standby guardianship, or combined guardianship and conservatorship, the clerk shall charge the civil filing and docketing fee set forth in Code section 602.8105(1)(a), or $185.00. 
   The bill requires the clerk to charge $50.00 for the safekeeping of a will. For services performed in small estate administration, the bill increases the fee from $15.00 to $50.00. For providing a certificate and seal, the bill increases the fee from $10.00 to $20.00. For printing or making a copy, the clerk is required to charge $0.50 per page. For certifying a change in title, the bill increases the fee from $20.00 to $50.00. For issuing a commission to appraisers, the bill increases the fee from $2.00 to $100.00. 
   For other services performed, the bill provides that the applicable fee, which is determined based on the value of the estate, shall be calculated based on the value of the gross estate. 
   The bill provides that if an interested third party files a petition against an original party in a probate matter, the clerk shall charge the civil filing and docketing fee set forth in Code section 602.8105(1)(a), or $185.00.