House
File
331
-
Introduced
HOUSE
FILE
331
BY
MEYER
A
BILL
FOR
An
Act
relating
to
notice
requirements
for
probate
proceedings.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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331
Section
1.
NEW
SECTION
.
9.9
Notice
of
probate.
1
The
secretary
of
state
shall
post
notices
of
probate
2
received
under
sections
633.230
and
633.304
in
a
searchable
3
database
on
the
secretary
of
state’s
internet
site.
The
4
notices,
at
a
minimum,
shall
be
searchable
by
name
of
the
5
decedent
and
the
county
in
which
the
estate
is
pending.
6
Sec.
2.
Section
633.230,
subsection
1,
Code
2017,
is
amended
7
to
read
as
follows:
8
1.
In
intestate
matters,
the
administrator,
as
soon
as
9
letters
are
issued,
shall
cause
to
be
published
once
each
10
week
for
two
consecutive
weeks
in
a
daily
or
weekly
newspaper
11
of
general
circulation
published
in
the
county
in
which
the
12
estate
is
pending
on
the
secretary
of
state’s
internet
site
,
13
and
at
any
time
during
the
pendency
of
administration
that
the
14
administrator
has
knowledge
of
the
name
and
address
of
a
person
15
believed
to
own
or
possess
a
claim
which
will
not
or
may
not
16
be
paid
or
otherwise
satisfied
during
administration,
provide
17
by
ordinary
mail
to
each
such
claimant
at
the
claimant’s
last
18
known
address,
a
notice
of
appointment
which
shall
be
in
19
substantially
the
following
form:
20
In
the
District
Court
of
Iowa
21
in
and
for
.....
County.
22
In
the
Estate
of
Probate
No.
....
23
.....
,
Deceased
24
NOTICE
OF
APPOINTMENT
OF
25
ADMINISTRATOR
AND
26
NOTICE
TO
CREDITORS
27
To
All
Persons
Interested
in
the
Estate
of
.....
,
Deceased,
28
who
died
on
or
about
.....
(date):
29
You
are
hereby
notified
that
on
the
..
day
of
...
(month),
30
...
(year),
the
undersigned
was
appointed
administrator
of
the
31
estate.
32
Notice
is
hereby
given
that
all
persons
indebted
to
33
the
estate
are
requested
to
make
immediate
payment
to
the
34
undersigned,
and
creditors
having
claims
against
the
estate
35
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shall
file
them
with
the
clerk
of
the
above-named
district
1
court,
as
provided
by
law,
duly
authenticated,
for
allowance,
2
and,
unless
so
filed
by
the
later
to
occur
of
four
months
from
3
the
second
publication
of
this
notice
or
one
month
from
the
4
date
of
the
mailing
of
this
notice
(unless
otherwise
allowed
or
5
paid),
a
claim
is
thereafter
forever
barred.
6
Dated
this
..
day
of
...
(month),
...
(year)
7
....................
8
Administrator
of
the
estate
9
....................
10
Address
11
....................
12
Attorney
for
the
administrator
13
....................
14
Address
15
Date
of
second
publication
16
..
day
of
...
(month),
...
(year)
17
(Date
to
be
inserted
by
publisher)
18
Sec.
3.
Section
633.304,
subsection
2,
Code
2017,
is
amended
19
to
read
as
follows:
20
2.
On
admission
of
a
will
to
probate,
the
executor,
21
as
soon
as
letters
are
issued,
shall
cause
notice
to
be
22
published
once
each
week
for
two
consecutive
weeks
in
a
daily
23
or
weekly
newspaper
of
general
circulation
published
in
the
24
county
in
which
the
estate
is
pending
on
the
secretary
of
25
state’s
internet
site
.
At
any
time
during
the
pendency
of
26
administration
that
the
executor
has
knowledge
of
the
name
27
and
address
of
a
person
believed
to
own
or
possess
a
claim
28
which
will
not
or
may
not
be
paid
or
otherwise
satisfied
29
during
administration,
the
executor
shall
provide
notice
by
30
ordinary
mail
to
each
such
claimant
at
the
claimant’s
last
31
known
address.
The
executor
shall
also,
as
soon
as
practicable
32
give
notice,
except
to
any
executor,
by
ordinary
mail
to
33
the
surviving
spouse,
each
heir
of
the
decedent,
and
each
34
devisee
under
the
will
admitted
to
probate
whose
identities
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are
reasonably
ascertainable,
at
such
persons’
last
known
1
addresses,
of
admission
of
the
will
to
probate
and
of
the
2
appointment
of
the
executor.
In
the
notice
shall
be
included
3
a
notice
that
any
action
to
set
aside
the
probate
of
the
will
4
must
be
brought
within
the
later
to
occur
of
four
months
5
from
the
date
of
the
second
publication
of
the
notice
or
one
6
month
from
the
date
of
mailing
of
this
notice
or
thereafter
7
be
forever
barred,
a
notice
to
debtors
to
make
payment,
and
8
a
notice
to
creditors
having
claims
against
the
estate
to
9
file
them
with
the
clerk
within
four
months
from
the
second
10
publication
of
the
notice,
or
thereafter
be
forever
barred.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
Under
current
law,
the
administrator
of
an
intestate
estate
15
and
the
executor
of
a
will,
as
soon
as
letters
are
issued,
are
16
required
to
publish
notice
of
the
probate
proceeding
once
each
17
week
for
two
consecutive
weeks
in
a
daily
or
weekly
newspaper
18
of
general
circulation
published
in
the
county
in
which
19
the
estate
is
pending.
This
bill
provides
that
in
lieu
of
20
publication
in
newspapers,
an
administrator
or
an
executor
is
21
instead
required
to
publish
notice
on
the
secretary
of
state’s
22
internet
site.
The
bill
requires
the
secretary
of
state
to
23
post
such
notices
in
a
searchable
database
that,
at
a
minimum,
24
is
searchable
by
name
of
the
decedent
and
the
county
in
which
25
the
estate
is
pending.
26
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