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 -1- LSB 1102XS (1) 88 asf/jh 1/ 1