House
Study
Bill
4
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
requests
for
notice
of
probate
proceedings.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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_____
Section
1.
Section
633.42,
Code
2017,
is
amended
to
read
as
1
follows:
2
633.42
Requests
for
notice.
3
1.
At
any
time
after
the
issuance
of
letters
testamentary
or
4
of
administration
upon
a
decedent’s
estate
of
appointment
,
any
5
interested
person
interested
in
the
estate
proceeding
may
file
6
with
the
clerk
a
written
request
,
in
triplicate,
for
notice
of
7
the
time
and
place
of
all
hearings
in
such
estate
proceeding
8
for
which
notice
is
required
by
law,
by
rule
of
court,
or
by
9
an
order
in
such
estate
proceeding
.
The
request
for
notice
10
shall
state
the
name
,
electronic
mail
address,
and
post
office
11
address
of
such
person
the
requester
and
of
the
requester’s
12
and
the
name
and
post
office
address
of
the
attorney,
if
13
any,
for
the
party
requesting
the
notice
and
the
reason
the
14
requester
is
an
interested
person
in
the
proceeding
.
The
clerk
15
shall
docket
the
request
,
and
transmit
the
duplicates
to
the
16
personal
representative
of
the
estate
of
the
decedent
and
to
17
the
personal
representative’s
attorney
of
record,
if
any
.
18
Thereafter,
the
personal
representative
shall,
unless
otherwise
19
ordered
by
the
court,
the
fiduciary
shall
serve
,
by
ordinary
20
or
electronic
mail
,
a
notice
of
each
hearing
upon
such
person,
21
or
requester
and
the
person’s
requestor’s
attorney,
if
any
,
a
22
notice
of
each
hearing
.
23
2.
A
person
does
not
gain
standing
by
filing
a
request
for
24
notice
under
this
section.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
requests
for
notice
of
probate
29
proceedings.
30
Under
Code
section
633.42,
a
person
interested
in
a
31
probate
proceeding
may
file
with
the
clerk
a
written
request
32
in
triplicate
for
notice
of
the
time
and
place
of
all
33
hearings
in
the
probate
proceeding.
The
clerk
is
required
34
to
docket
the
request,
and
transmit
the
duplicates
to
the
35
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personal
representative
of
the
estate
and
to
the
personal
1
representative’s
attorney
of
record,
if
any.
Unless
otherwise
2
ordered
by
the
court,
the
requester
and
the
requester’s
3
attorney
may
then
receive
notice
of
each
hearing
by
ordinary
4
mail.
5
The
bill
provides
that
the
requester
may
submit
a
single
6
written
request
for
notice,
that
the
clerk
is
not
required
to
7
submit
any
copies
of
the
notice
to
the
personal
representative
8
of
the
estate
or
to
the
personal
representative’s
attorney
9
of
record,
and
that
a
notice
of
a
hearing
may
be
sent
to
the
10
requester
and
the
requester’s
attorney
by
electronic
mail.
11
The
bill
provides
that
a
person
does
not
gain
standing
by
12
filing
a
request
for
notice
under
Code
section
633.42.
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