House Study Bill 503 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to probate, by amending the court fees in 1 probate and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5194YC (6) 87 asf/rj

H.F. _____ Section 1. Section 633.31, Code 2018, is amended to read as 1 follows: 2 633.31 Calendar —— court fees 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 in 6 connection with probate matters, which shall be deposited in 7 the account established under section 602.8108 : probate fees 8 as follows: 9 a. For services performed in short form probates pursuant 10 to sections 450.22 and 450.44 filings described in the 11 following subparagraphs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 12 $185.00 13 (1) Filing a petition to invoke the jurisdiction of the 14 court for the administration of trusts under section 633A.6201 15 or where the jurisdiction of the court is otherwise exercised 16 over trusts as provided by law. 17 (2) Filing a petition to open a court-administered 18 testamentary trust. 19 (3) Filing a petition for guardianship of a minor, a person 20 with a mental illness, or other person laboring under legal 21 disability unless the petition is part of a combined filing 22 with a conservatorship. 23 b. For services performed in probate of will without 24 administration filings described in the following 25 subparagraphs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 26 $50.00 27 (1) Filing a short form probate pursuant to sections 450.22 28 and 450.44. 29 (2) Filing a petition for probate of a will without 30 administration or a petition under section 633.290 other than 31 probate of a will. 32 (3) Filing and indexing a transcript. 33 c. For filing and indexing a transcript the actions 34 described in the following subparagraphs . . . . . . . . . . . . . . . . . . 50.00 35 -1- LSB 5194YC (6) 87 asf/rj 1/ 5

H.F. _____ $20.00 1 (1) Taking and approving a bond or the sureties on a bond. 2 (2) Preparing a certificate and seal. 3 (3) Certifying a change of title. 4 (4) Issuing a clerk’s commission to appraisers. 5 d. For taking and approving a bond, or 6 the sureties on a bond copies of court records per page . . 20.00 7 $0.50 8 e. For entering a rule or order . . . . . . . . . . . . . . . . . . . . . . 10.00 9 f. For certificate and seal . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 10 g. For making a complete record where 11 real estate is sold . per 100 words . . . . . . . . . . . . . . . . . . . . . . .20 12 h. For making a transcript or copies of 13 orders or records filed in 14 the clerk’s office . . per 100 words . . . . . . . . . . . . . . . . . . . . . . .50 15 i. For certifying change of title . . . . . . . . . . . . . . . . . . . . 20.00 16 j. For issuing commission to 17 appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 18 k. For other services performed in the settlement of the 19 estate of any decedent, minor, person with mental illness, or 20 other persons laboring under legal disability, except where 21 actions are brought by the administrator, guardian, trustee, 22 or person acting in a representative capacity or against that 23 person, or as may be otherwise provided herein, where the value 24 of the personal property and real estate of such a person falls 25 within the following indicated amounts, the fee opposite such 26 amount shall be charged. 27 (1) Up to $3,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 28 (2) 3,000.00 to 5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 29 (3) 5,000.00 to 7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 30 (4) 7,000.00 to 10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 31 (5) 10,000.00 to 15,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 32 (6) 15,000.00 to 25,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 33 (7) For each additional $25,000.00 or 34 major fraction thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 35 -2- LSB 5194YC (6) 87 asf/rj 2/ 5

H.F. _____ l. For services performed in small 1 estate administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 2 3. The fee set forth in subsection 2 , paragraph “k” , shall 3 not be charged on any property transferred to a testamentary 4 trust from an estate that has been administered in this state 5 and for which court costs have been assessed and paid. For 6 other services performed in estates administered under this 7 chapter or chapter 635, the clerk shall charge and collect an 8 administration fee in the amount of one-quarter of one percent 9 of the value of the gross assets of the decedent’s estate 10 listed in the probate inventory minus the value of all of the 11 following: 12 a. Joint tenancy property. 13 b. Transfers during the decedent’s lifetime. 14 c. Nonprobate assets, including but not limited to 15 life insurance, annuities, individual retirement accounts, 16 retirement plans, transfer on death securities accounts, 17 payable on death bank accounts, and similar assets payable to 18 beneficiaries other than the estate of the decedents. 19 4. For other services performed in conservatorship, 20 the clerk shall charge and collect an administrative fee of 21 one-quarter of one percent of the value of the gross assets of 22 the conservatorship listed in the inventory. 23 5. An administration fee shall not be charged on any 24 property transferred to an estate from a conservatorship 25 that has been administered in this state and for which an 26 administration fee has been assessed and paid. 27 6. Court fees collected under this section shall be 28 deposited in the account established under section 602.8108. 29 Sec. 2. APPLICABILITY. This Act applies July 1, 2018, to 30 estates of decedents dying on or after that date. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill amends Code section 633.31 by altering the court 35 -3- LSB 5194YC (6) 87 asf/rj 3/ 5

H.F. _____ fees in probate and including applicability provisions. The 1 bill sets forth the following fees. The fee is $185 to any of 2 the following: filing a petition to invoke the jurisdiction of 3 the court for the administration of trusts under Code section 4 633A.6201 or where the jurisdiction of the court is otherwise 5 exercised over trusts as provided by law; filing a petition to 6 open a court-administered testamentary trust; filing a petition 7 for guardianship of a minor, a person with a mental illness, 8 or other person laboring under legal disability unless the 9 petition is part of a combined filing with a conservatorship. 10 The fee is $50 for any of the following: filing a short form 11 probate pursuant to Code sections 450.22 and 450.44; filing 12 a petition for probate of a will without administration or a 13 petition under Code section 633.290, other than probate of 14 a will; and filing and indexing a transcript. The fee is 15 $20 for any of the following: taking and approving a bond 16 or the sureties on a bond; preparing a certificate and seal; 17 certifying a change of title; and issuing a clerk’s commission 18 to appraisers. The fee is $0.50 per page for copies of court 19 records. 20 The bill also provides for the following administration 21 fees. For other services performed in estates administered 22 under Code chapters 633 and 635, the clerk shall charge and 23 collect an administration fee in the amount of 0.25 percent 24 of the value of the gross assets of the decedent’s estate 25 listed in the probate inventory minus the value of all of 26 the following: joint tenancy property; transfers during the 27 decedent’s lifetime; and nonprobate assets, including but not 28 limited to life insurance, annuities, individual retirement 29 accounts, retirement plans, transfer on death securities 30 accounts, payable on death bank accounts, and similar 31 assets payable to beneficiaries other than the estate of the 32 decedents. For other services performed in conservatorship, 33 the clerk shall charge and collect an administrative fee 34 of 0.25 percent of the value of the gross assets of the 35 -4- LSB 5194YC (6) 87 asf/rj 4/ 5

H.F. _____ conservatorship listed in the inventory. 1 Finally, the bill provides that an administration fee shall 2 not be charged on any property transferred to an estate from a 3 conservatorship that has been administered in this state and 4 for which an administration fee has been assessed and paid. 5 The bill applies to estates of decedents dying on or after 6 July 1, 2018. 7 -5- LSB 5194YC (6) 87 asf/rj 5/ 5