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Senate Study Bill 1037 - IntroducedA Bill ForAn Act 1relating to the denial and contest of probate claims.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.438, Code 2021, is amended to read
2as follows:
3633.438 General denial of claims.
4Where a claim has been filed, but not admitted in writing
5by the personal representative before a request for hearing
6has been given as hereinafter provided, the claim shall be
7considered as generally denied by the personal representative
8 without any pleading on behalf of the personal representative.
9 Sec. 2. Section 633.440, Code 2021, is amended to read as
10follows:
11633.440 Contents of notice of disallowance.
12Such a notice of disallowance shall advise the claimant
13that the claim has been disallowed and will be forever barred
14unless the claimant shall within twenty days after the date of
15mailing the notice, file a request for hearing on the claim
16with the clerk, and mail a copy of such request for hearing to
17the personal representative and the attorney of record, if any,
18by certified mail.
19 Sec. 3. Section 633.442, Code 2021, is amended to read as
20follows:
21633.442 Claims barred after twenty days.
22Unless the claimant shall within twenty days after the
23date of mailing the notice of disallowance, file a request
24for hearing with the clerk and mail a copy of the request for
25hearing to the personal representative and to the attorney of
26record, if any, the claim shall be deemed disallowed, and shall
27be forever barred.
28 Sec. 4. Section 633.443, Code 2021, is amended to read as
29follows:
30633.443 Request for hearing by claimant.
31At the time of the filing of a claim against an estate, or
32at any time thereafter prior to the time that the claim may be
33barred by the provisions of section 633.442, or the approval of
34the final report of the personal representative after notice to
35the claimant, the claimant may file a request for hearing with
-1-1the clerk, and mail a copy of the request for hearing to the
2personal representative and attorney of record, if any.
3 Sec. 5. Section 633.444, Code 2021, is amended to read as
4follows:
5633.444 Applicability of rules of civil procedure.
6Within twenty days from the filing of the request for
7hearing on a claim, the personal representative shall move or
8plead to said claim The personal representative shall file a
9pre-answer motion or answer to a claim within twenty days from
10the filing of the request for hearing on the claim in the same
11manner as though the claim were a petition filed in an ordinary
12action, and thereafter, all provisions of law and rules of
13civil procedure applicable to motions, pleadings and the trial
14of ordinary actions shall apply; provided, however, that a
15restatement of such claim shall not be barred by the provisions
16of section 633.410.
17 Sec. 6. Section 633.447, Code 2021, is amended to read as
18follows:
19633.447 Trial and hearing.
20The trial of a claim and the offsets or counterclaims, if
21any, shall be to the court without a jury. However, the court
22may, in its discretion, either on its own motion or upon the
23motion of any party, submit the matter to a jury. In the event
24that the amount of the claim or a counterclaim exceeds the sum
25of three hundred dollars stated in section 631.1, subsection
261, either party shall be entitled to a jury trial, if a written
27demand is made as provided in the rules of civil procedure in
28relation to the trial of ordinary actions.
29 Sec. 7. Section 633.448, Code 2021, is amended to read as
30follows:
31633.448 Allowance and judgment.
32Upon the trial of a claim, offsets and counterclaims, the
33amount owing by or to the estate, if any, shall be determined.
34A claim against the estate shall be allowed for the net amount.
35Judgment shall be rendered for any amount found to be due the
-2-1estate. If a judgment is rendered against a claimant for
2any net amount, execution may issue in the same manner as on
3judgments in civil cases. The judgment against any interested
4party may be deducted from any amounts the estate owes to the
5interested party.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill amends the probate code relating to the denial and
10contest of claims and counterclaims. The bill provides that
11for general denials of claims when a claim has been filed, but
12not admitted in writing by a personal representative before a
13hearing request, the claim is considered as generally denied
14by the personal representative.
15The bill removes the requirement on the claimant to mail a
16copy of a request for hearing to the personal representative
17and to the attorney of record, if any, from Code sections
18633.440, 633.442, and 633.443.
19The bill provides that the personal representative shall
20file a pre-answer motion or answer to a claim within 20 days of
21the filing of the request for hearing on a claim in the same
22manner as though the claim was a petition filed in an ordinary
23action.
24The bill provides that if the amount of the claim exceeds the
25small claims court jurisdictional amount ($6,500 for actions
26commenced on or after July 1, 2018), either party is entitled
27to a jury trial if a written demand is made. Under current law,
28either party is entitled to a jury trial if the amount of the
29claim exceeds $300.
30The bill provides that a judgment against any interested
31party may be deducted from any amounts owed by the estate to
32the interested party.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.438, Code 2021, is amended to read
2as follows:
3633.438 General denial of claims.
4Where a claim has been filed, but not admitted in writing
5by the personal representative before a request for hearing
6has been given as hereinafter provided, the claim shall be
7considered as generally denied by the personal representative
8 without any pleading on behalf of the personal representative.
9 Sec. 2. Section 633.440, Code 2021, is amended to read as
10follows:
11633.440 Contents of notice of disallowance.
12Such a notice of disallowance shall advise the claimant
13that the claim has been disallowed and will be forever barred
14unless the claimant shall within twenty days after the date of
15mailing the notice, file a request for hearing on the claim
16with the clerk, and mail a copy of such request for hearing to
17the personal representative and the attorney of record, if any,
18by certified mail.
19 Sec. 3. Section 633.442, Code 2021, is amended to read as
20follows:
21633.442 Claims barred after twenty days.
22Unless the claimant shall within twenty days after the
23date of mailing the notice of disallowance, file a request
24for hearing with the clerk and mail a copy of the request for
25hearing to the personal representative and to the attorney of
26record, if any, the claim shall be deemed disallowed, and shall
27be forever barred.
28 Sec. 4. Section 633.443, Code 2021, is amended to read as
29follows:
30633.443 Request for hearing by claimant.
31At the time of the filing of a claim against an estate, or
32at any time thereafter prior to the time that the claim may be
33barred by the provisions of section 633.442, or the approval of
34the final report of the personal representative after notice to
35the claimant, the claimant may file a request for hearing with
-1-1the clerk, and mail a copy of the request for hearing to the
2personal representative and attorney of record, if any.
3 Sec. 5. Section 633.444, Code 2021, is amended to read as
4follows:
5633.444 Applicability of rules of civil procedure.
6Within twenty days from the filing of the request for
7hearing on a claim, the personal representative shall move or
8plead to said claim The personal representative shall file a
9pre-answer motion or answer to a claim within twenty days from
10the filing of the request for hearing on the claim in the same
11manner as though the claim were a petition filed in an ordinary
12action, and thereafter, all provisions of law and rules of
13civil procedure applicable to motions, pleadings and the trial
14of ordinary actions shall apply; provided, however, that a
15restatement of such claim shall not be barred by the provisions
16of section 633.410.
17 Sec. 6. Section 633.447, Code 2021, is amended to read as
18follows:
19633.447 Trial and hearing.
20The trial of a claim and the offsets or counterclaims, if
21any, shall be to the court without a jury. However, the court
22may, in its discretion, either on its own motion or upon the
23motion of any party, submit the matter to a jury. In the event
24that the amount of the claim or a counterclaim exceeds the sum
25of three hundred dollars stated in section 631.1, subsection
261, either party shall be entitled to a jury trial, if a written
27demand is made as provided in the rules of civil procedure in
28relation to the trial of ordinary actions.
29 Sec. 7. Section 633.448, Code 2021, is amended to read as
30follows:
31633.448 Allowance and judgment.
32Upon the trial of a claim, offsets and counterclaims, the
33amount owing by or to the estate, if any, shall be determined.
34A claim against the estate shall be allowed for the net amount.
35Judgment shall be rendered for any amount found to be due the
-2-1estate. If a judgment is rendered against a claimant for
2any net amount, execution may issue in the same manner as on
3judgments in civil cases. The judgment against any interested
4party may be deducted from any amounts the estate owes to the
5interested party.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill amends the probate code relating to the denial and
10contest of claims and counterclaims. The bill provides that
11for general denials of claims when a claim has been filed, but
12not admitted in writing by a personal representative before a
13hearing request, the claim is considered as generally denied
14by the personal representative.
15The bill removes the requirement on the claimant to mail a
16copy of a request for hearing to the personal representative
17and to the attorney of record, if any, from Code sections
18633.440, 633.442, and 633.443.
19The bill provides that the personal representative shall
20file a pre-answer motion or answer to a claim within 20 days of
21the filing of the request for hearing on a claim in the same
22manner as though the claim was a petition filed in an ordinary
23action.
24The bill provides that if the amount of the claim exceeds the
25small claims court jurisdictional amount ($6,500 for actions
26commenced on or after July 1, 2018), either party is entitled
27to a jury trial if a written demand is made. Under current law,
28either party is entitled to a jury trial if the amount of the
29claim exceeds $300.
30The bill provides that a judgment against any interested
31party may be deducted from any amounts owed by the estate to
32the interested party.
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