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 TLSB 2063YH (1) 87 jh/rj
H.F. 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 -1- LSB 2063YH (1) 87 jh/rj 1/ 3
H.F. 331 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 35 -2- LSB 2063YH (1) 87 jh/rj 2/ 3
H.F. 331 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 -3- LSB 2063YH (1) 87 jh/rj 3/ 3