House
File
639
-
Introduced
HOUSE
FILE
639
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
252)
(SUCCESSOR
TO
HSB
28)
A
BILL
FOR
An
Act
relating
to
the
calculation
of
certain
court
costs
in
1
probate
matters,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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639
Section
1.
Section
633.31,
Code
2017,
is
amended
to
read
as
1
follows:
2
633.31
Calendar
——
fees
court
costs
in
probate.
3
1.
The
clerk
shall
keep
a
court
calendar,
and
enter
thereon
4
such
matters
as
the
court
may
prescribe.
5
2.
The
clerk
shall
charge
and
collect
the
following
fees
6
court
costs
in
connection
with
probate
matters,
which
shall
be
7
deposited
in
the
account
established
under
section
602.8108
:
8
0a.
For
services
performed
in
probate
administration
of
9
the
estate
of
a
decedent
under
the
provisions
of
this
chapter,
10
where
the
value
of
the
personal
property
and
real
estate
of
11
such
a
person
falls
within
the
following
indicated
amounts,
the
12
court
costs
opposite
such
amount
shall
be
charged:
13
(1)
Up
to
$5,000,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
185.00
14
(2)
Greater
than
$5,000,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
250.00
15
a.
For
services
performed
in
short
form
probates
pursuant
16
to
sections
450.22
and
450.44
.
.
.
.
.
.
.
.
.
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.
.
.
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.
.
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.
.
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.
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.
.
$
15.00
17
b.
For
services
performed
in
probate
of
18
will
without
administration
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
$
15.00
19
c.
For
filing
and
indexing
a
transcript
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50.00
20
d.
For
taking
and
approving
a
bond,
or
21
the
sureties
on
a
bond
.
.
.
.
.
.
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.
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.
.
.
$
20.00
22
e.
For
entering
a
rule
or
order
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10.00
23
f.
For
certificate
and
seal
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
$
10.00
24
g.
For
making
a
complete
record
where
25
real
estate
is
sold
.
.
.
.
.
per
100
words
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
.20
26
h.
For
making
a
transcript
or
copies
of
27
orders
or
records
filed
in
28
the
clerk’s
office
.
.
.
.
.
.
per
100
words
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
.50
29
i.
For
certifying
change
of
title
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20.00
30
j.
For
issuing
commission
to
31
appraisers
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
$
2.00
32
k.
For
other
services
performed
in
the
settlement
of
the
33
estate
of
any
decedent,
minor,
person
with
mental
illness,
or
34
other
persons
laboring
under
legal
disability,
except
where
35
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actions
are
brought
by
the
administrator,
guardian,
trustee,
1
or
person
acting
in
a
representative
capacity
or
against
that
2
person,
or
as
may
be
otherwise
provided
herein,
where
the
value
3
of
the
personal
property
and
real
estate
of
such
a
person
falls
4
within
the
following
indicated
amounts,
the
fee
court
costs
5
opposite
such
amount
shall
be
charged
,
in
accordance
with
6
subsection
3
.
7
(1)
Up
to
$3,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5.00
8
(2)
$
3,000.00
to
$
5,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10.00
9
(3)
$
5,000.00
to
$
7,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
15.00
10
(4)
$
7,000.00
to
$
10,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20.00
11
(5)
$
10,000.00
to
$
15,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
25.00
12
(6)
$
15,000.00
to
$
25,000.00
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
30.00
13
(7)
For
each
additional
$25,000.00
or
14
major
fraction
thereof
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50.00
15
l.
For
services
performed
in
small
16
estate
administration
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
15.00
17
185.00
18
3.
a.
For
purposes
of
determining
the
court
costs
set
19
forth
in
subsection
2,
paragraphs
“0a”
and
“k”
,
the
“value
of
20
the
personal
property
and
real
estate
of
such
a
person”
means
21
the
gross
assets
of
the
estate
listed
in
the
probate
inventory
22
minus
the
following,
unless
the
proceeds
of
such
assets
are
23
payable
to
the
estate:
24
(1)
Joint
tenancy
property.
25
(2)
Transfers
during
such
person’s
lifetime.
26
(3)
Assets
payable
to
beneficiaries,
including
but
not
27
limited
to
life
insurance,
annuities,
individual
retirement
28
accounts,
retirement
plans,
transfer
on
death
accounts,
and
29
payable
on
death
accounts.
30
b.
The
fee
court
costs
set
forth
in
subsection
2
,
paragraph
31
“k”
,
shall
not
be
charged
on
any
property
transferred
to
a
32
testamentary
trust
from
an
estate
that
has
been
administered
33
in
this
state
and
for
which
court
costs
have
been
assessed
and
34
paid.
35
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c.
The
court
costs
set
forth
in
subsection
2,
paragraph
“k”
,
1
shall
not
be
charged
on
any
property
transferred
to
an
estate
2
from
a
conservatorship
that
has
been
administered
in
this
state
3
and
for
which
court
costs
have
been
assessed
and
paid.
4
Sec.
2.
APPLICABILITY.
This
Act
applies
to
estates
of
5
decedents
dying
on
or
after
January
1,
2018.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
court
costs
the
clerk
of
probate
10
court
charges
and
collects
in
connection
with
probate
matters.
11
The
bill
provides
that
for
services
performed
in
probate
12
administration
of
an
estate
under
the
provisions
of
Code
13
chapter
633,
the
court
costs
are
$185
if
the
value
of
the
14
estate
is
$5
million
or
less,
and
$250
if
the
value
of
the
15
estate
exceeds
$5
million.
The
bill
provides
that
joint
16
tenancy
property,
property
transfers
made
during
the
decedent’s
17
lifetime,
and
assets
payable
to
beneficiaries
are
to
be
18
excluded
from
the
value
of
the
decedent’s
estate
for
purposes
19
of
determining
the
court
costs,
unless
the
proceeds
of
such
20
assets
are
payable
to
the
estate.
21
Under
current
law,
a
fee
of
$10
is
charged
for
the
entering
22
of
a
rule
or
order
in
connection
with
a
probate
matter.
The
23
bill
strikes
this
provision.
24
Under
current
law,
a
fee
of
$15
is
charged
for
services
25
performed
in
connection
with
the
administration
of
small
26
estates
(Code
chapter
635).
The
bill
increases
the
cost
for
27
such
services
to
$185.
28
Under
current
law,
Code
section
633.31(2)(k)
provides
a
29
sliding
scale
fee
for
services
performed
in
connection
with
the
30
settlement
of
an
estate
based
upon
the
value
of
the
decedent’s
31
estate.
The
bill
provides
that
joint
tenancy
property,
32
property
transfers
made
during
the
person’s
lifetime,
and
33
assets
payable
to
beneficiaries
are
to
be
excluded
from
the
34
value
of
the
decedent’s
estate
for
purposes
of
determining
the
35
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639
fee,
described
as
court
costs
in
the
bill,
unless
the
proceeds
1
of
such
assets
are
payable
to
the
estate.
2
Additionally,
the
bill
provides
that
the
court
costs
due
3
to
the
clerk
pursuant
to
Code
section
633.31(2)(k)
shall
not
4
be
charged
on
any
property
transferred
to
an
estate
from
a
5
conservatorship
that
has
been
administered
in
Iowa
and
for
6
which
court
costs
have
been
assessed
and
paid.
7
The
bill
applies
to
estates
of
decedents
dying
on
or
after
8
January
1,
2018.
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