Print
House File 711 - IntroducedA Bill ForAn Act 1relating to the calculation of certain court costs
2in probate matters, and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.31, Code 2021, is amended to read as
2follows:
3633.31 Calendar — fees court costs in probate.
41. The clerk shall keep a court calendar, and enter thereon
5such matters as the court may prescribe.
62. The clerk shall charge and collect the following fees
7 court costs in connection with probate matters, which shall be
8deposited in the account established under section 602.8108:
9a. For services performed in short
10form probates pursuant to sections
11450.22 and 450.44$ 15.00
12b. For services performed in probate of
13will without administration $ 15.00
14c. For filing and indexing a transcript$ 50.00
15d. For taking and approving a bond, or
16the sureties on a bond $ 20.00
17e. For entering a rule or order $ 10.00
18f. For certificate and seal $ 10.00
19g. For making a complete record where
20real estate is sold per 100 words $ .20
21h. For making a transcript or copies of
22orders or records filed in
23the clerk’s office per 100 words $ .50
24i. For certifying change of title $ 20.00
25j. For issuing commission to
26appraisers $ 2.00
27k. For other services performed in the settlement of the
28estate of any decedent, minor, person with mental illness, or
29other persons laboring under legal disability, except where
30actions are brought by the administrator, guardian, trustee,
31or person acting in a representative capacity or against that
32person, or as may be otherwise provided herein, where the value
33of the personal property and real estate of such a person falls
34within the following indicated amounts, the fee opposite such
35amount shall be charged.
-1- 1(1) Up to $3,000.00 5.00
2(2) 3,000.00 to 5,000.00 10.00
3(3) 5,000.00 to 7,000.00 15.00
4(4) 7,000.00 to 10,000.00 20.00
5(5) 10,000.00 to 15,000.00 25.00
6(6) 15,000.00 to 25,000.00 30.00
7(7) For each additional $25,000.00 or
8 major fraction thereof 50.00
9l. For services performed in small
10 estate administration 15.00
113. a. The fee set forth in subsection 2, paragraph
12“k”, shall not be charged on any property transferred to a
13testamentary trust from an estate that has been administered
14in this state and for which court costs have been assessed and
15paid. For other services performed in a decedent’s estate
16administered under this chapter or chapter 635, the clerk shall
17charge and collect court costs equal to two-tenths of one
18percent of the value of the probate assets listed in the report
19and inventory.
20b. Court costs shall not be charged or collected under this
21subsection on assets which are not probate assets including but
22not limited to the following:
23(1) Joint tenancy property.
24(2) Property transferred during the decedent’s lifetime.
25(3) Life insurance, annuities, individual retirement
26accounts, retirement plans, transfer on death accounts, payable
27on death accounts, and similar assets payable to beneficiaries
28other than the estate of the decedent.
29(4) Real estate not located in Iowa.
30c. Court costs shall not be charged or collected on assets
31transferred to an estate from a conservatorship that has been
32administered in the state and for which court costs have been
33charged and collected from the conservatorship under subsection
344.
354. For other services performed in a conservatorship, the
-2-1clerk shall charge and collect court costs equal to two-tenths
2of one percent of the gross value of the assets listed in the
3inventory minus the value of the life insurance.
45. Court costs collected under this section shall be
5deposited in the account established under section 602.8108.
6 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1,
72022.
8 Sec. 3. APPLICABILITY. This Act applies to
9conservatorships, court-administered trusts, guardianships, and
10estates of decedents for which the petition is filed and other
11probate matters where filings are made and actions are taken
12on and after January 1, 2022.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to the court costs the clerk of probate
17court charges and collects in connection with probate matters.
18Under current law, Code section 633.31(2)(k) provides a
19sliding scale fee for services performed in connection with the
20settlement of an estate based upon the value of the estate.
21The bill provides that for services performed in a decedent’s
22estate administered under Code chapter 633 or Code chapter
23635 that the clerk of court shall charge and collect court
24costs based on the probate assets listed in the report and
25inventory. The bill provides that the court costs charged on
26the value of those assets shall be .2 percent of the value of
27the probate assets. The bill provides that court costs shall
28not be charged or collected on assets that are not probate
29assets and identifies what is not a probate asset, which
30include but are not limited to joint tenancy property; property
31transferred during the decedent’s lifetime; life insurance,
32annuities, individual retirement accounts, retirement plans,
33transfer on death accounts, payable on death accounts, and
34similar assets payable to beneficiaries other than the estate
35of the decedent; and real estate not located in Iowa. The bill
-3-1provides that court costs shall not be charged or collected on
2assets transferred to an estate from a conservatorship that has
3been administered in the state and for which court costs have
4been charged and collected in the conservatorship.
5The bill provides that the clerk shall charge and collect
6court costs for services performed in a conservatorship based
7on the gross value of the assets listed in the inventory minus
8the value of the life insurance. The bill provides that the
9court costs charged on the value of those assets shall be .2
10percent of the value of the assets.
11The bill takes effect January 1, 2022. The bill applies to
12conservatorships, court-administered trusts, guardianships, and
13estates of decedents for which the petition is filed and other
14probate matters where filings are made and actions are taken
15on and after January 1, 2022.
-4-cm/jh
2in probate matters, and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.31, Code 2021, is amended to read as
2follows:
3633.31 Calendar — fees court costs in probate.
41. The clerk shall keep a court calendar, and enter thereon
5such matters as the court may prescribe.
62. The clerk shall charge and collect the following fees
7 court costs in connection with probate matters, which shall be
8deposited in the account established under section 602.8108:
9a. For services performed in short
10form probates pursuant to sections
11450.22 and 450.44$ 15.00
12b. For services performed in probate of
13will without administration $ 15.00
14c. For filing and indexing a transcript$ 50.00
15d. For taking and approving a bond, or
16the sureties on a bond $ 20.00
17e. For entering a rule or order $ 10.00
18f. For certificate and seal $ 10.00
19g. For making a complete record where
20real estate is sold per 100 words $ .20
21h. For making a transcript or copies of
22orders or records filed in
23the clerk’s office per 100 words $ .50
24i. For certifying change of title $ 20.00
25j. For issuing commission to
26appraisers $ 2.00
27k. For other services performed in the settlement of the
28estate of any decedent, minor, person with mental illness, or
29other persons laboring under legal disability, except where
30actions are brought by the administrator, guardian, trustee,
31or person acting in a representative capacity or against that
32person, or as may be otherwise provided herein, where the value
33of the personal property and real estate of such a person falls
34within the following indicated amounts, the fee opposite such
35amount shall be charged.
-1- 1(1) Up to $3,000.00 5.00
2(2) 3,000.00 to 5,000.00 10.00
3(3) 5,000.00 to 7,000.00 15.00
4(4) 7,000.00 to 10,000.00 20.00
5(5) 10,000.00 to 15,000.00 25.00
6(6) 15,000.00 to 25,000.00 30.00
7(7) For each additional $25,000.00 or
8 major fraction thereof 50.00
9l. For services performed in small
10 estate administration 15.00
113. a. The fee set forth in subsection 2, paragraph
12“k”, shall not be charged on any property transferred to a
13testamentary trust from an estate that has been administered
14in this state and for which court costs have been assessed and
15paid. For other services performed in a decedent’s estate
16administered under this chapter or chapter 635, the clerk shall
17charge and collect court costs equal to two-tenths of one
18percent of the value of the probate assets listed in the report
19and inventory.
20b. Court costs shall not be charged or collected under this
21subsection on assets which are not probate assets including but
22not limited to the following:
23(1) Joint tenancy property.
24(2) Property transferred during the decedent’s lifetime.
25(3) Life insurance, annuities, individual retirement
26accounts, retirement plans, transfer on death accounts, payable
27on death accounts, and similar assets payable to beneficiaries
28other than the estate of the decedent.
29(4) Real estate not located in Iowa.
30c. Court costs shall not be charged or collected on assets
31transferred to an estate from a conservatorship that has been
32administered in the state and for which court costs have been
33charged and collected from the conservatorship under subsection
344.
354. For other services performed in a conservatorship, the
-2-1clerk shall charge and collect court costs equal to two-tenths
2of one percent of the gross value of the assets listed in the
3inventory minus the value of the life insurance.
45. Court costs collected under this section shall be
5deposited in the account established under section 602.8108.
6 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1,
72022.
8 Sec. 3. APPLICABILITY. This Act applies to
9conservatorships, court-administered trusts, guardianships, and
10estates of decedents for which the petition is filed and other
11probate matters where filings are made and actions are taken
12on and after January 1, 2022.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to the court costs the clerk of probate
17court charges and collects in connection with probate matters.
18Under current law, Code section 633.31(2)(k) provides a
19sliding scale fee for services performed in connection with the
20settlement of an estate based upon the value of the estate.
21The bill provides that for services performed in a decedent’s
22estate administered under Code chapter 633 or Code chapter
23635 that the clerk of court shall charge and collect court
24costs based on the probate assets listed in the report and
25inventory. The bill provides that the court costs charged on
26the value of those assets shall be .2 percent of the value of
27the probate assets. The bill provides that court costs shall
28not be charged or collected on assets that are not probate
29assets and identifies what is not a probate asset, which
30include but are not limited to joint tenancy property; property
31transferred during the decedent’s lifetime; life insurance,
32annuities, individual retirement accounts, retirement plans,
33transfer on death accounts, payable on death accounts, and
34similar assets payable to beneficiaries other than the estate
35of the decedent; and real estate not located in Iowa. The bill
-3-1provides that court costs shall not be charged or collected on
2assets transferred to an estate from a conservatorship that has
3been administered in the state and for which court costs have
4been charged and collected in the conservatorship.
5The bill provides that the clerk shall charge and collect
6court costs for services performed in a conservatorship based
7on the gross value of the assets listed in the inventory minus
8the value of the life insurance. The bill provides that the
9court costs charged on the value of those assets shall be .2
10percent of the value of the assets.
11The bill takes effect January 1, 2022. The bill applies to
12conservatorships, court-administered trusts, guardianships, and
13estates of decedents for which the petition is filed and other
14probate matters where filings are made and actions are taken
15on and after January 1, 2022.
-4-cm/jh