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 TLSB 1754YC (3) 87 jh/rj
H.F. _____ 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 -1- LSB 1754YC (3) 87 jh/rj 1/ 2
H.F. _____ 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. 13 -2- LSB 1754YC (3) 87 jh/rj 2/ 2