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House File 232 - EnrolledAn Actrelating to probate proceedings, including fiduciary and
trustee duties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 633.78, subsection 1, Code 2023, is
amended to read as follows:
1. A fiduciary under this chapter may present a written
request to any person for the purpose of obtaining property
owned by a decedent or by a ward protected person of a
conservatorship for which the fiduciary has been appointed,
or property to which a decedent or ward protected person is
entitled, including information about property owned by a
decedent or protected person that has passed or will pass
by beneficiary designation or joint tenancy ownership, or
for information about such property needed to perform the
fiduciary’s duties. The request must contain statements
confirming all of the following:
a. The fiduciary’s authority has not been revoked, modified,
or amended in any manner which would cause the representations
in the request to be incorrect.
b. The request has been signed by all fiduciaries acting on
behalf of the decedent or ward protected person.
c. The request has been dated and affirmed under penalty of
perjury to be true and correct or has been sworn and subscribed
to under penalty of perjury before a notary public as provided
in chapter 9B.
d. A photocopy of the fiduciary’s letters of appointment is
being provided with the request.
Sec. 2. Section 633.78, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. Damages sustained by the decedent’s or ward’s protected
person’s estate.
Sec. 3. Section 633.301, Code 2023, is amended to read as
follows:
633.301 Copy of will for executor.
When Upon request by the executor, when a will has been
admitted to probate and certified pursuant to section 633.300,
the clerk shall cause a certified copy thereof to be placed
in the hands of the executor to whom letters are issued. The
-1-clerk shall retain the will in a separate file provided for
that purpose until the time for contest has expired, and
promptly thereafter shall place it with the files of the
estate.
Sec. 4. Section 633.309, Code 2023, is amended to read as
follows:
633.309 Time within which action must be commenced.
1. An action to contest or set aside the probate of a will
must be commenced in the court in which the will was admitted
to probate within the later to occur of four months from the
date of second publication of notice of admission of the will
to probate or one month following the mailing of the notice to
all heirs of the decedent and devisees under the will whose
identities are reasonably ascertainable, at such persons’ last
known addresses.
2. A party claiming the decedent’s will was procured in
whole or in part by tortious interference with inheritance must
join such claim together in a timely will contest. The time
period set out in this section applies to both the will contest
and procurement of the decedent’s will by tortious interference
with inheritance if the party making the claim was given notice
pursuant to section 633.304.
Sec. 5. Section 633.555, Code 2023, is amended to read as
follows:
633.555 Procedure in lieu of conservatorship for a minor.
1. If a conservator has not been appointed for a minor,
money due to a minor or other property to which a minor is
entitled, not exceeding in the aggregate twenty-five fifty
thousand dollars in value, shall be paid or delivered to a
custodian under any uniform transfers to minors Act. one or
more of the following:
a. A custodian under the uniform transfer to minor account
established for the protected person pursuant to chapter 565B
or the laws of any other state.
b. A custodial trustee under a uniform custodial trust
-2-account established for the protected person pursuant to
chapter 633F or the laws of any other state.
c. An account owner or participant under a college savings
plan account established for the protected person pursuant to
section 529 of the Internal Revenue Code or chapter 12D.
d. The account owner under an ABLE account established for
the protected person with disabilities pursuant to section 529A
of the Internal Revenue Code or chapter 12I.
e. The structured settlement obligor, as defined in section
682.2, of a structured settlement, as defined in section 682.2,
established for the benefit of the protected person, where the
protected person will not begin receiving payments from the
structured settlement prior to reaching age eighteen.
2. If a conservator has not been appointed for a minor, and
the money due to a minor or other property to which a minor is
entitled exceeds fifty thousand dollars in the aggregate, the
property may be paid or delivered in the manner set forth in
subsection 1 only if such transfer is authorized by the court.
3. The written receipt of the custodian constitutes an
acquittance of the person making the payment of money or
delivery of property.
Sec. 6. Section 633.561, subsections 3 and 6, Code 2023, are
amended to read as follows:
3. If the respondent is entitled to representation and is
indigent or incapable of requesting counsel, the court shall
appoint an attorney to represent the respondent. The cost of
court appointed counsel for indigents, including the cost of
the trial transcript, shall be assessed against the county
in which the proceedings are pending. For the purposes of
this subsection, the court shall find a person is indigent if
the person’s income and resources do not exceed one hundred
fifty percent of the federal poverty level or the person would
be unable to pay such costs without prejudicing the person’s
financial ability to provide economic necessities for the
person or the person’s dependents.
-3- 6. If the court determines that it would be in the
respondent’s best interest to have legal representation
with respect to any proceedings in a guardianship or
conservatorship, the court may appoint an attorney to represent
the respondent at the expense of the respondent or the
respondent’s estate, or if the respondent is indigent the cost
of the court appointed attorney, including the cost of the
trial transcript, shall be assessed against the county in which
the proceedings are pending.
Sec. 7. NEW SECTION. 633A.4403 Trustee-written request and
third-party protection.
1. A trustee under this chapter may present a written
request to any person for the purpose of obtaining information
needed to perform the trustee’s duties or information regarding
any of the following property:
a. Owned by the trust for which the trustee is acting as
fiduciary.
b. To which a living or deceased settlor is entitled.
c. Owned by the deceased settlor at the time of death,
including information about property of a deceased settlor that
has passed or will pass by beneficiary designation or joint
tenancy ownership.
2. The written request must include a certification of
trust that complies with section 633A.4604. A person to whom a
request is presented under this section may require that the
trustee presenting the request provide proof of the trustee’s
identity.
3. A person who in good faith provides the property or
information a trustee requests under this section, after taking
reasonable steps to verify the identity of the trustee and
who has no knowledge that the representations contained in
the request are incorrect, shall not be liable to any person
for so acting and may assume without inquiry the existence of
the facts contained in the request. The period of time to
verify the trustee’s authority shall not exceed ten business
-4-days from the date the person received the request. Any right
or title acquired from the trustee in consideration of the
provision of property or information under this section is not
invalid in consequence of a misapplication by the trustee. A
transaction, and a lien created by a transaction, entered into
by the trustee and a person acting in reliance upon a request
under this section is enforceable against the assets for which
the trustee has responsibility.
4. If a person refuses to provide the requested property or
information within ten business days after receiving a request
under this section, the trustee may bring an action to recover
the property or information or compel its delivery against
the person to whom the trustee presented the written request.
An action brought under this section must be brought within
one year after the date of the act or failure to act. If the
court finds that the person acted unreasonably in failing to
deliver the property or information as requested in the written
request, the court may award any or all of the following to the
trustee:
a. Damages sustained by the trust or by a living or deceased
settlor’s estate.
b. Costs of the action.
c. A penalty in an amount determined by the court, but
not less than five hundred dollars or more than ten thousand
dollars.
d. Reasonable attorney fees, as determined by the court,
based on the value of the time reasonably expended by the
attorney and not by the amount of the recovery on behalf of the
trustee.
5. This section does not limit or change the right of
beneficiaries, heirs, or creditors of a living or deceased
settlor to estate or trust property to which they are otherwise
entitled.
Sec. 8. Section 633B.211, subsection 2, Code 2023, is
amended by adding the following new paragraphs:
-5- NEW PARAGRAPH. h. Establish a medical assistance special
needs trust pursuant to chapter 633C for the benefit of
the principal and transfer an interest of the principal in
real property, stocks and bonds, accounts with financial
institutions or securities intermediaries, insurance,
annuities, and other property to the trustee of any such trust.
NEW PARAGRAPH. i. Establish a medical assistance income
trust pursuant to chapter 633C for the benefit of the principal
and transfer an income interest of the principal to the trustee
of any such trust.
Sec. 9. APPLICABILITY. The following apply to estates,
trusts, and conservatorships in existence on or after the
effective date of this Act, that were opened or created before,
on, or after the effective date of this Act:
1. The sections of this Act amending section 633.78.
2. The section of this Act amending section 633.555.
3. The section of this Act enacting section 633A.4403.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 232, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorcm/ns/mdcm/ns
trustee duties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 633.78, subsection 1, Code 2023, is
amended to read as follows:
1. A fiduciary under this chapter may present a written
request to any person for the purpose of obtaining property
owned by a decedent or by a ward protected person of a
conservatorship for which the fiduciary has been appointed,
or property to which a decedent or ward protected person is
entitled, including information about property owned by a
decedent or protected person that has passed or will pass
by beneficiary designation or joint tenancy ownership, or
for information about such property needed to perform the
fiduciary’s duties. The request must contain statements
confirming all of the following:
a. The fiduciary’s authority has not been revoked, modified,
or amended in any manner which would cause the representations
in the request to be incorrect.
b. The request has been signed by all fiduciaries acting on
behalf of the decedent or ward protected person.
c. The request has been dated and affirmed under penalty of
perjury to be true and correct or has been sworn and subscribed
to under penalty of perjury before a notary public as provided
in chapter 9B.
d. A photocopy of the fiduciary’s letters of appointment is
being provided with the request.
Sec. 2. Section 633.78, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. Damages sustained by the decedent’s or ward’s protected
person’s estate.
Sec. 3. Section 633.301, Code 2023, is amended to read as
follows:
633.301 Copy of will for executor.
When Upon request by the executor, when a will has been
admitted to probate and certified pursuant to section 633.300,
the clerk shall cause a certified copy thereof to be placed
in the hands of the executor to whom letters are issued. The
-1-clerk shall retain the will in a separate file provided for
that purpose until the time for contest has expired, and
promptly thereafter shall place it with the files of the
estate.
Sec. 4. Section 633.309, Code 2023, is amended to read as
follows:
633.309 Time within which action must be commenced.
1. An action to contest or set aside the probate of a will
must be commenced in the court in which the will was admitted
to probate within the later to occur of four months from the
date of second publication of notice of admission of the will
to probate or one month following the mailing of the notice to
all heirs of the decedent and devisees under the will whose
identities are reasonably ascertainable, at such persons’ last
known addresses.
2. A party claiming the decedent’s will was procured in
whole or in part by tortious interference with inheritance must
join such claim together in a timely will contest. The time
period set out in this section applies to both the will contest
and procurement of the decedent’s will by tortious interference
with inheritance if the party making the claim was given notice
pursuant to section 633.304.
Sec. 5. Section 633.555, Code 2023, is amended to read as
follows:
633.555 Procedure in lieu of conservatorship for a minor.
1. If a conservator has not been appointed for a minor,
money due to a minor or other property to which a minor is
entitled, not exceeding in the aggregate twenty-five fifty
thousand dollars in value, shall be paid or delivered to a
custodian under any uniform transfers to minors Act. one or
more of the following:
a. A custodian under the uniform transfer to minor account
established for the protected person pursuant to chapter 565B
or the laws of any other state.
b. A custodial trustee under a uniform custodial trust
-2-account established for the protected person pursuant to
chapter 633F or the laws of any other state.
c. An account owner or participant under a college savings
plan account established for the protected person pursuant to
section 529 of the Internal Revenue Code or chapter 12D.
d. The account owner under an ABLE account established for
the protected person with disabilities pursuant to section 529A
of the Internal Revenue Code or chapter 12I.
e. The structured settlement obligor, as defined in section
682.2, of a structured settlement, as defined in section 682.2,
established for the benefit of the protected person, where the
protected person will not begin receiving payments from the
structured settlement prior to reaching age eighteen.
2. If a conservator has not been appointed for a minor, and
the money due to a minor or other property to which a minor is
entitled exceeds fifty thousand dollars in the aggregate, the
property may be paid or delivered in the manner set forth in
subsection 1 only if such transfer is authorized by the court.
3. The written receipt of the custodian constitutes an
acquittance of the person making the payment of money or
delivery of property.
Sec. 6. Section 633.561, subsections 3 and 6, Code 2023, are
amended to read as follows:
3. If the respondent is entitled to representation and is
indigent or incapable of requesting counsel, the court shall
appoint an attorney to represent the respondent. The cost of
court appointed counsel for indigents, including the cost of
the trial transcript, shall be assessed against the county
in which the proceedings are pending. For the purposes of
this subsection, the court shall find a person is indigent if
the person’s income and resources do not exceed one hundred
fifty percent of the federal poverty level or the person would
be unable to pay such costs without prejudicing the person’s
financial ability to provide economic necessities for the
person or the person’s dependents.
-3- 6. If the court determines that it would be in the
respondent’s best interest to have legal representation
with respect to any proceedings in a guardianship or
conservatorship, the court may appoint an attorney to represent
the respondent at the expense of the respondent or the
respondent’s estate, or if the respondent is indigent the cost
of the court appointed attorney, including the cost of the
trial transcript, shall be assessed against the county in which
the proceedings are pending.
Sec. 7. NEW SECTION. 633A.4403 Trustee-written request and
third-party protection.
1. A trustee under this chapter may present a written
request to any person for the purpose of obtaining information
needed to perform the trustee’s duties or information regarding
any of the following property:
a. Owned by the trust for which the trustee is acting as
fiduciary.
b. To which a living or deceased settlor is entitled.
c. Owned by the deceased settlor at the time of death,
including information about property of a deceased settlor that
has passed or will pass by beneficiary designation or joint
tenancy ownership.
2. The written request must include a certification of
trust that complies with section 633A.4604. A person to whom a
request is presented under this section may require that the
trustee presenting the request provide proof of the trustee’s
identity.
3. A person who in good faith provides the property or
information a trustee requests under this section, after taking
reasonable steps to verify the identity of the trustee and
who has no knowledge that the representations contained in
the request are incorrect, shall not be liable to any person
for so acting and may assume without inquiry the existence of
the facts contained in the request. The period of time to
verify the trustee’s authority shall not exceed ten business
-4-days from the date the person received the request. Any right
or title acquired from the trustee in consideration of the
provision of property or information under this section is not
invalid in consequence of a misapplication by the trustee. A
transaction, and a lien created by a transaction, entered into
by the trustee and a person acting in reliance upon a request
under this section is enforceable against the assets for which
the trustee has responsibility.
4. If a person refuses to provide the requested property or
information within ten business days after receiving a request
under this section, the trustee may bring an action to recover
the property or information or compel its delivery against
the person to whom the trustee presented the written request.
An action brought under this section must be brought within
one year after the date of the act or failure to act. If the
court finds that the person acted unreasonably in failing to
deliver the property or information as requested in the written
request, the court may award any or all of the following to the
trustee:
a. Damages sustained by the trust or by a living or deceased
settlor’s estate.
b. Costs of the action.
c. A penalty in an amount determined by the court, but
not less than five hundred dollars or more than ten thousand
dollars.
d. Reasonable attorney fees, as determined by the court,
based on the value of the time reasonably expended by the
attorney and not by the amount of the recovery on behalf of the
trustee.
5. This section does not limit or change the right of
beneficiaries, heirs, or creditors of a living or deceased
settlor to estate or trust property to which they are otherwise
entitled.
Sec. 8. Section 633B.211, subsection 2, Code 2023, is
amended by adding the following new paragraphs:
-5- NEW PARAGRAPH. h. Establish a medical assistance special
needs trust pursuant to chapter 633C for the benefit of
the principal and transfer an interest of the principal in
real property, stocks and bonds, accounts with financial
institutions or securities intermediaries, insurance,
annuities, and other property to the trustee of any such trust.
NEW PARAGRAPH. i. Establish a medical assistance income
trust pursuant to chapter 633C for the benefit of the principal
and transfer an income interest of the principal to the trustee
of any such trust.
Sec. 9. APPLICABILITY. The following apply to estates,
trusts, and conservatorships in existence on or after the
effective date of this Act, that were opened or created before,
on, or after the effective date of this Act:
1. The sections of this Act amending section 633.78.
2. The section of this Act amending section 633.555.
3. The section of this Act enacting section 633A.4403.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 232, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorcm/ns/mdcm/ns