House File 2660 - Introduced HOUSE FILE 2660 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 817) A BILL FOR An Act relating to decedent property, including deposit 1 accounts, small estate affidavits, and distribution of child 2 support. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2621HV (2) 91 lh/jh

H.F. 2660 Section 1. Section 524.805, subsection 8, Code 2026, is 1 amended to read as follows: 2 8. A state bank may receive deposits from one or more 3 persons with the provision that upon the death of the 4 depositors the deposit account shall be the property of the 5 person or persons designated by the deceased depositors as 6 shown on the deposit account records of the state bank. After 7 payment by the state bank, the proceeds shall remain subject 8 to any debts of the decedent and subject to any payment of Iowa 9 inheritance tax for resulting from a death occurring prior to 10 January 1, 2025. A state bank paying the person or persons 11 designated shall not be liable as a result of that action for 12 any debts of the decedent or for any estate, inheritance, or 13 succession taxes which may be due this state. 14 Sec. 2. Section 633.356, subsection 1, unnumbered paragraph 15 1, Code 2026, is amended to read as follows: 16 When the gross value of the decedent’s probate assets 17 consist only of personal property that would otherwise be 18 distributed by will or intestate succession is or has been, 19 at any time since and the gross value of the decedent’s 20 personal property is, or has been at any time since the 21 decedent’s death, fifty one hundred thousand dollars or less 22 and there is no real property, or for deaths occurring before 23 January 1, 2025, the real property passes to persons exempt 24 from inheritance tax as joint tenants with full rights of 25 survivorship pursuant to chapter 450 , and if forty days have 26 elapsed since the death of the decedent, a successor as defined 27 in subsection 2 may, by furnishing an affidavit prepared 28 pursuant to subsection 3 or 8 , and without procuring letters 29 of appointment, do any of the following with respect to one or 30 more items of such personal property: 31 Sec. 3. Section 633.356, subsection 3, paragraph a, 32 subparagraph (3), Code 2026, is amended by striking the 33 subparagraph and inserting in lieu thereof the following: 34 (3) That the decedent’s probate assets consist only of 35 -1- LSB 2621HV (2) 91 lh/jh 1/ 3

H.F. 2660 personal property, with no interest in real estate, and that 1 the gross value of the decedent’s personal property is, or 2 has been at any time since the decedent’s death, one hundred 3 thousand dollars or less. 4 Sec. 4. Section 633.356, subsection 3, Code 2026, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. Child support services, as created 7 in section 252B.2, shall make available a form meeting 8 the requirements of this subsection that may be used, if 9 appropriate, by a successor as defined in subsection 2, 10 paragraph “a” or “b” , when child support services or the 11 collection services center, as created in section 252B.13A, 12 is the holder of the decedent’s property in the form of 13 undistributed child support owed to the decedent. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to decedent property, including deposit 18 accounts, small estate affidavits, and distribution of child 19 support. 20 Under current law, a successor may use an affidavit pursuant 21 to Code section 633.356 (distribution of property by affidavit) 22 to collect and transfer a decedent’s personal property that 23 would otherwise be distributed by will or intestate succession 24 if the gross value of the personal property is $50,000 or less 25 and the estate includes no real property, or if the death 26 occurred prior to January 1, 2025, the real property passes to 27 a person exempt from inheritance tax as joint tenants with full 28 rights of survivorship, and at least 40 days have elapsed since 29 the decedent’s death. 30 The bill increases the maximum allowable gross value 31 of personal property eligible for the affidavit procedure 32 from $50,000 to $100,000. The bill also provides that the 33 decedent’s probate assets must consist only of personal 34 property, and eliminates the real property exception for 35 -2- LSB 2621HV (2) 91 lh/jh 2/ 3

H.F. 2660 deaths occurring prior to January 1, 2025. The requirement 1 that 40 days must elapse following the decedent’s death 2 remains unchanged. As under current law, a successor may act 3 by furnishing an affidavit and without procuring letters of 4 appointment from the court. 5 The bill allows a successor of a decedent who has a very 6 small estate to access undistributed child support payments 7 owed to the decedent held by child support services or the 8 collection services center. The bill requires child support 9 services to create and make available a form that allows the 10 successor to collect the held moneys. 11 -3- LSB 2621HV (2) 91 lh/jh 3/ 3