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House File 195 - IntroducedA Bill ForAn Act 1relating to requests for notice of probate proceedings.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.42, Code 2017, is amended to read as
2follows:
3633.42 Requests for notice.
41. At any time after the issuance of letters testamentary or
5of administration upon a decedent’s estate of appointment, any
6interested person interested in the estate proceeding may file
7with the clerk a written request, in triplicate, for notice of
8the time and place of all hearings in such estate proceeding
9 for which notice is required by law, by rule of court, or by
10an order in such estate proceeding. The request for notice
11shall state the name, electronic mail address, and post office
12address of such person the requester and of the requester’s
13 and the name and post office address of the attorney, if
14any, for the party requesting the notice and the reason the
15requester is an interested person in the proceeding. The clerk
16shall docket the request, and transmit the duplicates to the
17personal representative of the estate of the decedent and to
18the personal representative’s attorney of record, if any.
19Thereafter, the personal representative shall, unless otherwise
20ordered by the court, the fiduciary shall serve, by ordinary
21or electronic mail, a notice of each hearing upon such person,
22or requester and the person’s requestor’s attorney, if any, a
23notice of each hearing.
242. A person does not gain standing by filing a request for
25notice under this section.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to requests for notice of probate
30proceedings.
31Under Code section 633.42, a person interested in a
32probate proceeding may file with the clerk a written request
33in triplicate for notice of the time and place of all
34hearings in the probate proceeding. The clerk is required
35to docket the request, and transmit the duplicates to the
-1-1personal representative of the estate and to the personal
2representative’s attorney of record, if any. Unless otherwise
3ordered by the court, the requester and the requester’s
4attorney may then receive notice of each hearing by ordinary
5mail.
6The bill provides that the requester may submit a single
7written request for notice, that the clerk is not required to
8submit any copies of the notice to the personal representative
9of the estate or to the personal representative’s attorney
10of record, and that a notice of a hearing may be sent to the
11requester and the requester’s attorney by electronic mail.
12The bill provides that a person does not gain standing by
13filing a request for notice under Code section 633.42.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.42, Code 2017, is amended to read as
2follows:
3633.42 Requests for notice.
41. At any time after the issuance of letters testamentary or
5of administration upon a decedent’s estate of appointment, any
6interested person interested in the estate proceeding may file
7with the clerk a written request, in triplicate, for notice of
8the time and place of all hearings in such estate proceeding
9 for which notice is required by law, by rule of court, or by
10an order in such estate proceeding. The request for notice
11shall state the name, electronic mail address, and post office
12address of such person the requester and of the requester’s
13 and the name and post office address of the attorney, if
14any, for the party requesting the notice and the reason the
15requester is an interested person in the proceeding. The clerk
16shall docket the request, and transmit the duplicates to the
17personal representative of the estate of the decedent and to
18the personal representative’s attorney of record, if any.
19Thereafter, the personal representative shall, unless otherwise
20ordered by the court, the fiduciary shall serve, by ordinary
21or electronic mail, a notice of each hearing upon such person,
22or requester and the person’s requestor’s attorney, if any, a
23notice of each hearing.
242. A person does not gain standing by filing a request for
25notice under this section.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to requests for notice of probate
30proceedings.
31Under Code section 633.42, a person interested in a
32probate proceeding may file with the clerk a written request
33in triplicate for notice of the time and place of all
34hearings in the probate proceeding. The clerk is required
35to docket the request, and transmit the duplicates to the
-1-1personal representative of the estate and to the personal
2representative’s attorney of record, if any. Unless otherwise
3ordered by the court, the requester and the requester’s
4attorney may then receive notice of each hearing by ordinary
5mail.
6The bill provides that the requester may submit a single
7written request for notice, that the clerk is not required to
8submit any copies of the notice to the personal representative
9of the estate or to the personal representative’s attorney
10of record, and that a notice of a hearing may be sent to the
11requester and the requester’s attorney by electronic mail.
12The bill provides that a person does not gain standing by
13filing a request for notice under Code section 633.42.
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