Senate
Study
Bill
3016
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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
5194XC
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S.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
.
.
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$
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
.
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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
.
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50.00
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_____
$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
.
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10.00
9
f.
For
certificate
and
seal
.
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.
10.00
10
g.
For
making
a
complete
record
where
11
real
estate
is
sold
.
per
100
words
.
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.20
12
h.
For
making
a
transcript
or
copies
of
13
orders
or
records
filed
in
14
the
clerk’s
office
.
.
per
100
words
.
.
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.
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.50
15
i.
For
certifying
change
of
title
.
.
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20.00
16
j.
For
issuing
commission
to
17
appraisers
.
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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
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5.00
28
(2)
3,000.00
to
5,000.00
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10.00
29
(3)
5,000.00
to
7,000.00
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15.00
30
(4)
7,000.00
to
10,000.00
.
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20.00
31
(5)
10,000.00
to
15,000.00
.
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25.00
32
(6)
15,000.00
to
25,000.00
.
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30.00
33
(7)
For
each
additional
$25,000.00
or
34
major
fraction
thereof
.
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50.00
35
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5194XC
(8)
87
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5
S.F.
_____
l.
For
services
performed
in
small
1
estate
administration
.
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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-
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5194XC
(8)
87
asf/rj
3/
5
S.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
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5194XC
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5
S.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
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