Senate File 2234 - Introduced SENATE FILE 2234 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3016) 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 5194SV (3) 87 asf/rj

S.F. 2234 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 5194SV (3) 87 asf/rj 1/ 5

S.F. 2234 $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 5194SV (3) 87 asf/rj 2/ 5

S.F. 2234 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, not to exceed two thousand five hundred dollars: 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 decedent. 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, not to exceed two 23 thousand five hundred dollars. 24 5. An administration fee shall not be charged on any 25 property transferred to an estate from a conservatorship 26 that has been administered in this state and for which an 27 administration fee has been assessed and paid. 28 6. Court fees collected under this section shall be 29 deposited in the account established under section 602.8108. 30 Sec. 2. APPLICABILITY. This Act applies July 1, 2018, to 31 estates of decedents dying on or after that date. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 5194SV (3) 87 asf/rj 3/ 5

S.F. 2234 This bill amends Code section 633.31 by altering the court 1 fees in probate and including applicability provisions. The 2 bill sets forth the following fees. The fee is $185 to any of 3 the following: filing a petition to invoke the jurisdiction of 4 the court for the administration of trusts under Code section 5 633A.6201 or where the jurisdiction of the court is otherwise 6 exercised over trusts as provided by law; filing a petition to 7 open a court-administered testamentary trust; filing a petition 8 for guardianship of a minor, a person with a mental illness, 9 or other person laboring under legal disability unless the 10 petition is part of a combined filing with a conservatorship. 11 The fee is $50 for any of the following: filing a short form 12 probate pursuant to Code sections 450.22 and 450.44; filing 13 a petition for probate of a will without administration or a 14 petition under Code section 633.290, other than probate of 15 a will; and filing and indexing a transcript. The fee is 16 $20 for any of the following: taking and approving a bond 17 or the sureties on a bond; preparing a certificate and seal; 18 certifying a change of title; and issuing a clerk’s commission 19 to appraisers. The fee is $0.50 per page for copies of court 20 records. 21 The bill also provides for the following administration 22 fees. For other services performed in estates administered 23 under Code chapters 633 and 635, the clerk shall charge and 24 collect an administration fee in the amount of 0.25 percent 25 of the value of the gross assets of the decedent’s estate 26 listed in the probate inventory minus the value of all of the 27 following, not to exceed $2,500: joint tenancy property; 28 transfers during the decedent’s lifetime; and nonprobate 29 assets, including but not limited to life insurance, annuities, 30 individual retirement accounts, retirement plans, transfer on 31 death securities accounts, payable on death bank accounts, 32 and similar assets payable to beneficiaries other than 33 the estate of the decedent. For other services performed 34 in conservatorship, the clerk shall charge and collect an 35 -4- LSB 5194SV (3) 87 asf/rj 4/ 5

S.F. 2234 administrative fee of 0.25 percent of the value of the gross 1 assets of the conservatorship listed in the inventory, not to 2 exceed $2,500. 3 Finally, the bill provides that an administration fee shall 4 not be charged on any property transferred to an estate from a 5 conservatorship that has been administered in this state and 6 for which an administration fee has been assessed and paid. 7 The bill applies to estates of decedents dying on or after 8 July 1, 2018. 9 -5- LSB 5194SV (3) 87 asf/rj 5/ 5