House File 40 - IntroducedA Bill ForAn Act 1relating to calculation of attorney fees for attorneys
2representing personal representatives in administration of
3estates.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 633.198, Code 2019, is amended to read
2as follows:
   3633.198  Attorney fee.
   4There shall also be allowed and taxed as part of the costs of
5administration of estates as an attorney fee for the personal
6representative’s attorney, such reasonable fee as may be
7determined by the court, for services rendered, but not in
8excess of the attorney’s normal hourly rate or the schedule of
9fees herein provided for personal representatives, whichever
10is less
.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill relates to the calculation of attorney fees
15for attorneys representing personal representatives in
16administration of estates. Current law allows a reasonable
17attorney fee for the personal representative’s attorney, as
18may be determined by the court, to be taxed as part of the
19costs of administration of estates. The current fee may not
20be in excess of the schedule of fees provided for personal
21representatives, which sets a maximum fee based on certain
22percentages of the gross assets of the estate. The bill
23provides that the attorney fee may not be in excess of the
24schedule of fees provided for personal representatives or the
25attorney’s normal hourly rate, whichever is less.
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