S.F. _____ Section 1. Section 633.22, Code 2018, is amended to read as 1 follows: 2 633.22 Probate powers of clerk. 3 The clerk shall have and may exercise within the county 4 all the powers and jurisdiction of the court and of the judge 5 thereof, in the following matters: 6 1. The appointment of personal representatives who are 7 residents of the state, guardians and conservators for minors, 8 the fixing and determining of the amount of the bond, or 9 waiving the same when permitted by law or by will, and the 10 approval of any and all bonds given by fiduciaries in the 11 discharge of their duties. 12 2. 1. The examination and approval of all intermediate and 13 interlocutory accounts and reports of fiduciaries under this 14 chapter and converting and closing small estates under chapter 15 635 . 16 3. The admission of wills of decedents to probate, when 17 not contested, and the making of necessary orders in relation 18 thereto, including orders for the issuance of commissions to 19 take depositions. Proof may be made before the clerk in the 20 same manner as is made in open court. 21 4. The making of all necessary orders in relation to the 22 personal effects of a deceased person, where no objection 23 is filed, and perform all other acts within the clerk’s 24 jurisdiction, as provided in this probate code. 25 5. The approval, when notice has been waived by all persons 26 interested, of petitions and reports, or joint petitions and 27 reports, in respect to the sale, mortgage, pledge, lease or 28 exchange of property pursuant to sections 633.386 to 633.400 . 29 6. 2. The entering of routine scheduling orders in probate 30 matters as established by the chief judge in each judicial 31 district. 32 Sec. 2. Section 633.27, Code 2018, is amended to read as 33 follows: 34 633.27 Probate docket. 35 -1- LSB 5188XC (4) 87 asf/rj 1/ 6

S.F. _____ The clerk shall keep a book an electronic record to be known 1 as the “Probate Docket”, which shall show: 2 1. The name of every deceased person whose estate is 3 administered or whose will is admitted to probate, and the date 4 of the person’s death. 5 2. The name of each person as to whom application for 6 conservatorship or guardianship is made. 7 3. The names of all the heirs in intestate estates and the 8 surviving spouse of such deceased intestate, and their ages 9 whether each person is an adult or a minor and places each 10 person’s place of residence, so far as they can be ascertained. 11 4. The title of each trust described in section 633.10 12 that has not been released by the court from continuous court 13 supervision. 14 5. A note of every sale of real estate made under the order 15 of the court , with a reference to the volume and page of the 16 record where a complete record thereof may be found . 17 Sec. 3. Section 633.42, Code 2018, is amended to read as 18 follows: 19 633.42 Requests for notice. 20 1. At any time after the issuance of letters of appointment, 21 any interested person in the proceeding may file with the 22 clerk a written request for notice of the time and place of 23 all hearings in such proceeding for which notice is required 24 by law, by rule of court, or by an order in such proceeding. 25 The request for notice shall state the name, electronic mail 26 address, telephone number, and post office address of the 27 requester and of the requester’s attorney, if any, and the 28 reason the requester is an interested person in the proceeding. 29 The clerk shall docket the request. Thereafter, unless 30 otherwise ordered by the court, the fiduciary shall serve by 31 ordinary or electronic mail a notice of each hearing upon such 32 requester and the requester’s attorney, if any. 33 2. A person does not gain standing by filing a request for 34 notice under this section . 35 -2- LSB 5188XC (4) 87 asf/rj 2/ 6

S.F. _____ Sec. 4. Section 633.82, Code 2018, is amended to read as 1 follows: 2 633.82 Designation of attorney. 3 The designation of the attorney employed by the fiduciary 4 to assist in the administration of the estate shall be filed 5 in the estate proceedings. The designation shall state the 6 attorney’s name, post office address, electronic mail address, 7 and telephone number. The designation shall clearly state 8 the name of the attorney who is in charge of the case and the 9 attorney’s name shall not be listed by firm name only. 10 Sec. 5. Section 633.306, Code 2018, is amended to read as 11 follows: 12 633.306 Record in foreign county. 13 Whenever it shall appear that the testator died seized of 14 real estate located in a county of this state other than that 15 in which probate is granted, a complete transcript, properly 16 authenticated, of the record entry of the order of court 17 admitting the will to probate, and, if a copy of such will is 18 not contained therein, a certified copy of such will shall be 19 attached thereto, and the same shall be filed by the clerk in 20 the office of the clerk of the district court in such other 21 county, who shall cause the same to be entered in the probate 22 docket, and said transcript shall be recorded in full in the 23 book electronic record kept for the recording of wills in such 24 county. When so recorded, such record may be read in evidence 25 in all courts without further proof. 26 Sec. 6. Section 633.418, Code 2018, is amended to read as 27 follows: 28 633.418 Form and verification of claims —— general 29 requirements. 30 No claim shall be allowed against an estate on application of 31 the claimant unless it shall be in writing, filed in duplicate 32 with the clerk, stating the claimant’s name , and address, 33 telephone number, and electronic mail address, describing 34 the nature and the amount thereof, if ascertainable, and 35 -3- LSB 5188XC (4) 87 asf/rj 3/ 6

S.F. _____ accompanied by the affidavit of the claimant, or someone for 1 the claimant, that the amount is justly due, or if not yet due, 2 when it will or may become due, that no payments have been 3 made thereon which are not credited, and that there are no 4 offsets to the same, to the knowledge of the affiant, except as 5 therein stated. If the claim is contingent, the nature of the 6 contingency shall also be stated. The duplicate of said claim 7 shall be mailed by the clerk to the personal representative or 8 the personal representative’s attorney of record. 9 Sec. 7. REPEAL. Section 633.72, Code 2018, is repealed. 10 Sec. 8. APPLICABILITY. The following apply July 1, 2018, to 11 actions of the clerk of the probate court completed on or after 12 that date: 13 1. The section of this Act amending section 633.22. 14 2. The section of this Act amending section 633.27. 15 3. The section of this Act amending section 633.306. 16 Sec. 9. APPLICABILITY. The following applies July 1, 2018, 17 to notices served on or after that date: 18 The section of this Act repealing section 633.72. 19 Sec. 10. APPLICABILITY. The following apply July 1, 2018, 20 to probate filings made on or after that date: 21 1. The section of this Act amending section 633.42. 22 2. The section of this Act amending section 633.82. 23 3. The section of this Act amending section 633.418. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill amends Code chapter 633 to conform probate 28 procedures to the standards of the electronic data management 29 system as established by the judicial branch and amends the 30 probate powers of the clerk. The bill amends Code section 31 633.22, probate powers of clerk, to eliminate the following 32 duties of the clerk. It eliminates the duty to appoint 33 personal representatives, guardians and conservators for 34 minors, fix and determine the amount of the bond, or waive 35 -4- LSB 5188XC (4) 87 asf/rj 4/ 6

S.F. _____ the same when permitted by law or by will, and the approval 1 of any and all bonds given by fiduciaries in the discharge of 2 their duties. The bill eliminates the duty to admit wills 3 of decedents to probate, when not contested, and to make 4 necessary orders in relation thereto, including orders to issue 5 commissions to take depositions. It eliminates the duty to 6 make all necessary orders in relation to the personal effects 7 of a deceased person, where no objection is filed, and perform 8 all other acts within the clerk’s jurisdiction, as provided in 9 the probate code. The bill eliminates the duty to approve, 10 when notice has been waived by all persons interested, of 11 petitions and reports, or joint petitions and reports, in 12 respect to the sale, mortgage, pledge, lease, or exchange of 13 property pursuant to Code sections 633.386 to 633.400. 14 Under Code section 633.22, the clerk retains the power to 15 examine and approve all intermediate and interlocutory accounts 16 and reports of fiduciaries. However, the bill provides that 17 such power is exercisable under Code chapter 633 and that the 18 clerk may convert and close small estates under Code chapter 19 635. The clerk continues to have the ability to enter routine 20 scheduling orders in probate matters as established by the 21 chief judge of the judicial district. 22 The bill amends Code section 633.27 to provide that the 23 clerk no longer keeps the probate docket as a book, but rather 24 as an electronic record. The probate docket must, among other 25 things, name all heirs in intestate estates and the surviving 26 spouse of each deceased intestate, and show whether each 27 person is an adult or a minor, and each person’s residence. 28 Currently, the probate docket must include such persons’ 29 precise ages, not categorically whether such persons are adults 30 or minors. The probate docket will no longer be required to 31 indicate the volume and page of a real estate record in light 32 of the nature of electronic records. 33 The bill amends Code section 633.42 to require that the 34 requests for notice include a telephone number. 35 -5- LSB 5188XC (4) 87 asf/rj 5/ 6

S.F. _____ The bill amends Code section 633.82 to require that the 1 designation of an attorney includes the attorney’s electronic 2 mail address. 3 The bill amends Code section 633.306 to provide that the 4 probate docket is no longer a book, but rather an electronic 5 record. 6 The bill amends the form and verification requirements of 7 claims in Code section 633.418. It eliminates the requirement 8 to file forms in duplicate and the instruction to clerks 9 on what to do with the duplicate claim form. It adds the 10 requirement that the claimant provide a telephone number and 11 electronic mail address. 12 The bill repeals Code section 633.72, which dictates 13 the manner of service for original notices to nonresident 14 fiduciaries. 15 Finally, the bill makes its various sections applicable July 16 1, 2018, to the following: the actions of the clerk of the 17 probate court under Code sections 633.22, 633.27, and 633.306; 18 notices served under Code section 633.72 which is repealed; 19 and probate filings under Code sections 633.42, 633.82, and 20 633.418. 21 -6- LSB 5188XC (4) 87 asf/rj 6/ 6