Senate
File
255
-
Introduced
SENATE
FILE
255
BY
DANIELSON
(COMPANION
TO
HF
40
BY
SALMON)
A
BILL
FOR
An
Act
relating
to
calculation
of
attorney
fees
for
attorneys
1
representing
personal
representatives
in
administration
of
2
estates.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1102XS
(1)
88
asf/jh
S.F.
255
Section
1.
Section
633.198,
Code
2019,
is
amended
to
read
1
as
follows:
2
633.198
Attorney
fee.
3
There
shall
also
be
allowed
and
taxed
as
part
of
the
costs
of
4
administration
of
estates
as
an
attorney
fee
for
the
personal
5
representative’s
attorney,
such
reasonable
fee
as
may
be
6
determined
by
the
court,
for
services
rendered,
but
not
in
7
excess
of
the
attorney’s
normal
hourly
rate
or
the
schedule
of
8
fees
herein
provided
for
personal
representatives
,
whichever
9
is
less
.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
calculation
of
attorney
fees
14
for
attorneys
representing
personal
representatives
in
15
administration
of
estates.
Current
law
allows
a
reasonable
16
attorney
fee
for
the
personal
representative’s
attorney,
as
17
may
be
determined
by
the
court,
to
be
taxed
as
part
of
the
18
costs
of
administration
of
estates.
The
current
fee
may
not
19
be
in
excess
of
the
schedule
of
fees
provided
for
personal
20
representatives,
which
sets
a
maximum
fee
based
on
certain
21
percentages
of
the
gross
assets
of
the
estate.
The
bill
22
provides
that
the
attorney
fee
may
not
be
in
excess
of
the
23
schedule
of
fees
provided
for
personal
representatives
or
the
24
attorney’s
normal
hourly
rate,
whichever
is
less.
25
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LSB
1102XS
(1)
88
asf/jh
1/
1