Senate Study Bill 3157 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act relating to probate and trust matters, including 1 time limitations on actions, attorney fees, trust code 2 proceedings and notice requirements, damages for wrongful 3 death, and filing deadlines, and including effective date 4 and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5745XC (1) 91 lh/jh

S.F. _____ Section 1. Section 614.1, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2B. With respect to nontestamentary 3 transfers. Those founded upon a decedent’s title to assets, 4 beneficiary designations, or other nontestamentary transfers 5 procured in whole or in part by tortious interference with 6 inheritance, undue influence, fraud, or other wrongful conduct 7 not involving fraud, within two years of the decedent’s death. 8 Sec. 2. NEW SECTION . 633.163 Fees —— expenses. 9 In a disputed judicial proceeding involving the 10 administration of a decedent’s estate, the court, as equity 11 and justice may require, may award costs, attorney fees, and 12 other expenses to any party to be paid by another or from the 13 estate that is the subject of the controversy. For purposes of 14 this section, attorney fees do not included an attorney fee as 15 described in section 633.198. 16 Sec. 3. Section 633.336, Code 2026, is amended by striking 17 the section and inserting in lieu thereof the following: 18 633.336 Damages for wrongful death. 19 1. When a wrongful act produces death, damages recovered as 20 a result of the wrongful act shall be disposed of as personal 21 property belonging to the estate of the deceased person except 22 to the extent that the damages are for loss of services and 23 support. 24 2. The probate court shall determine the amount belonging to 25 the estate and the amount belonging to the persons suffering 26 the loss of services and support. 27 3. The amount belonging to the estate shall be at least the 28 amount necessary to pay for all of the following: 29 a. Court costs and reasonable fees and further allowances 30 for the personal representatives and their attorneys to 31 administer the estate of the deceased person, and 32 b. Department of health and human services for payments made 33 for medical assistance pursuant to chapter 249A, paid on behalf 34 of the decedent from the time of the injury which gives rise to 35 -1- LSB 5745XC (1) 91 lh/jh 1/ 4

S.F. _____ the decedent’s death up until the date of the decedent’s death. 1 4. The probate court shall then determine whether there 2 are debts and charges classified under section 633.425 related 3 to the wrongful death that should be paid from the remaining 4 portion belonging to the estate. 5 5. The balance of the portion belonging to the estate shall 6 be distributed pursuant to the decedent’s will or the laws of 7 intestate succession. 8 6. Damages for loss of services and support shall be 9 apportioned among the persons suffering the loss of services 10 and support in a manner as the court may deem equitable 11 consistent with those losses sustained by each person. 12 Sec. 4. Section 633.361, unnumbered paragraph 1, Code 2026, 13 is amended to read as follows: 14 Within ninety one hundred twenty days after qualification by 15 the personal representative, unless a longer time is granted 16 by the court, the personal representative shall file with the 17 clerk a report and inventory of the property of the decedent, 18 so far as the same has come to the knowledge of the personal 19 representative. The report and inventory shall be verified 20 or affirmed under penalty of perjury. It shall include the 21 following information: 22 Sec. 5. NEW SECTION . 633A.6203 Nature of proceedings —— 23 orders in trust code —— notice. 24 1. Actions to set aside or contest trusts and for the 25 establishment of contested claims shall be triable in probate 26 as law actions, and all other matters triable under the trust 27 code shall be tried by the probate court as a proceeding in 28 equity. 29 2. All orders and decrees of the court sitting in probate 30 are final decrees as to the parties having notice and those who 31 have appeared without notice. 32 3. All orders without notice or appearance are reviewable by 33 the court at any time prior to the entry of an order closing or 34 terminating court jurisdiction. 35 -2- LSB 5745XC (1) 91 lh/jh 2/ 4

S.F. _____ 4. Other than notice required under the rules of civil 1 procedure, notice and hearing of actions under section 2 633A.6202 shall be governed by section 633A.1109. 3 Sec. 6. EFFECTIVE DATE. The following, being deemed of 4 immediate importance, takes effect upon enactment: 5 The section of this Act enacting section 633A.6203. 6 Sec. 7. APPLICABILITY. The following apply to actions 7 involving decedents dying on or after July 1, 2026: 8 1. The section of this Act enacting section 614.1, 9 subsection 2B. 10 2. The section of this Act enacting section 633.163. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to probate code and trust code matters, 15 including time limitations on nontestamentary transfer actions, 16 attorney fees, trust code proceedings, trust code notice 17 requirements, damages for wrongful death, and probate report 18 and inventory filing deadlines. 19 The bill creates a period of limitations for nontestamentary 20 transfers. The bill requires actions founded upon a 21 decedent’s title to assets, beneficiary designations, or other 22 nontestamentary transfers procured by tortious interference 23 with inheritance, undue influence, fraud, or other wrongful 24 conduct not involving fraud, to be brought within two years 25 of the decedent’s death. This provision applies to actions 26 involving decedents dying on or after July 1, 2026. 27 The bill allows the court to award costs, attorney fees, 28 and other expenses to any party in a probate proceeding. This 29 provision applies to actions involving decedents dying on or 30 after July 1, 2026. 31 The bill provides that when a wrongful act produces death, 32 damages recovered as a result of that act shall be disposed of 33 as personal property belonging to the estate of the deceased 34 person except to the extent that the damages are for loss of 35 -3- LSB 5745XC (1) 91 lh/jh 3/ 4

S.F. _____ services and support. The bill requires the court to determine 1 the amount belonging to the estate and the amount belonging to 2 the persons suffering the loss of services and support. 3 The bill extends the filing deadline for probate report and 4 inventory from 90 days to 120 days. 5 The bill provides that actions to set aside or contest trusts 6 and for the establishment of contested claims shall be triable 7 in probate as law actions. The bill further provides that all 8 other matters triable under the trust code shall be tried by 9 the probate court as a proceeding in equity. The bill provides 10 notice requirements for actions under the trust code. These 11 provisions take effect upon enactment. 12 -4- LSB 5745XC (1) 91 lh/jh 4/ 4