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House File 252 - IntroducedA Bill ForAn Act 1relating to the calculation of certain court costs in
2probate matters, and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.31, Code 2017, 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 form probates pursuant
10to sections 450.22 and 450.44$ 15.00
11b. For services performed in probate of
12will without administration $ 15.00
13c. For filing and indexing a transcript$ 50.00
14d. For taking and approving a bond, or
15the sureties on a bond $ 20.00
16e. For entering a rule or order $ 10.00
17f. For certificate and seal $ 10.00
18g. For making a complete record where
19real estate is sold per 100 words $ .20
20h. For making a transcript or copies of
21orders or records filed in
22the clerk’s office per 100 words $ .50
23i. For certifying change of title $ 20.00
24j. For issuing commission to
25appraisers $ 2.00
26k. For other services performed in the settlement of the
27estate of any decedent, minor, person with mental illness, or
28other persons laboring under legal disability, except where
29actions are brought by the administrator, guardian, trustee,
30or person acting in a representative capacity or against that
31person, or as may be otherwise provided herein, where the value
32of the personal property and real estate of such a person falls
33within the following indicated amounts, the fee court costs
34 opposite such amount shall be charged, in accordance with
35subsection 3.
-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. For purposes of determining the court costs set
12forth in subsection 2, paragraph “k”, the “value of the personal
13property and real estate of such a person” means the gross
14assets of the estate listed in the probate inventory minus the
15following, unless the proceeds of such assets are payable to
16the estate:
17(1) Joint tenancy property.
18(2) Transfers during such person’s lifetime.
19(3) Assets payable to beneficiaries, including but not
20limited to life insurance, annuities, individual retirement
21accounts, retirement plans, transfer on death accounts, and
22payable on death accounts.
23b. The fee court costs set forth in subsection 2, paragraph
24“k”, shall not be charged on any property transferred to a
25testamentary trust from an estate that has been administered
26in this state and for which court costs have been assessed and
27paid.
28c. The court costs set forth in subsection 2, paragraph “k”,
29shall not be charged on any property transferred to an estate
30from a conservatorship that has been administered in this state
31and for which court costs have been assessed and paid.
32 Sec. 2. APPLICABILITY. This Act applies to estates of
33decedents dying on or after January 1, 2018.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill relates to the court costs the clerk of probate
3court charges and collects in connection with probate matters.
4Under current law, Code section 633.31(2)(k) provides a
5sliding scale fee for services performed in connection with the
6settlement of an estate based upon the value of the decedent’s
7estate. The bill provides that joint tenancy property,
8property transfers made during the person’s lifetime, and
9assets payable to beneficiaries are to be excluded from the
10value of the decedent’s estate for purposes of determining the
11fee, described as court costs in the bill, unless the proceeds
12of such assets are payable to the estate.
13Additionally, the bill provides that the court costs due
14to the clerk pursuant to Code section 633.31(2)(k) shall not
15be charged on any property transferred to an estate from a
16conservatorship that has been administered in Iowa and for
17which court costs have been assessed and paid.
18The bill applies to estates of decedents dying on or after
19January 1, 2018.
-3-jh/rj
2probate matters, and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.31, Code 2017, 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 form probates pursuant
10to sections 450.22 and 450.44$ 15.00
11b. For services performed in probate of
12will without administration $ 15.00
13c. For filing and indexing a transcript$ 50.00
14d. For taking and approving a bond, or
15the sureties on a bond $ 20.00
16e. For entering a rule or order $ 10.00
17f. For certificate and seal $ 10.00
18g. For making a complete record where
19real estate is sold per 100 words $ .20
20h. For making a transcript or copies of
21orders or records filed in
22the clerk’s office per 100 words $ .50
23i. For certifying change of title $ 20.00
24j. For issuing commission to
25appraisers $ 2.00
26k. For other services performed in the settlement of the
27estate of any decedent, minor, person with mental illness, or
28other persons laboring under legal disability, except where
29actions are brought by the administrator, guardian, trustee,
30or person acting in a representative capacity or against that
31person, or as may be otherwise provided herein, where the value
32of the personal property and real estate of such a person falls
33within the following indicated amounts, the fee court costs
34 opposite such amount shall be charged, in accordance with
35subsection 3.
-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. For purposes of determining the court costs set
12forth in subsection 2, paragraph “k”, the “value of the personal
13property and real estate of such a person” means the gross
14assets of the estate listed in the probate inventory minus the
15following, unless the proceeds of such assets are payable to
16the estate:
17(1) Joint tenancy property.
18(2) Transfers during such person’s lifetime.
19(3) Assets payable to beneficiaries, including but not
20limited to life insurance, annuities, individual retirement
21accounts, retirement plans, transfer on death accounts, and
22payable on death accounts.
23b. The fee court costs set forth in subsection 2, paragraph
24“k”, shall not be charged on any property transferred to a
25testamentary trust from an estate that has been administered
26in this state and for which court costs have been assessed and
27paid.
28c. The court costs set forth in subsection 2, paragraph “k”,
29shall not be charged on any property transferred to an estate
30from a conservatorship that has been administered in this state
31and for which court costs have been assessed and paid.
32 Sec. 2. APPLICABILITY. This Act applies to estates of
33decedents dying on or after January 1, 2018.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill relates to the court costs the clerk of probate
3court charges and collects in connection with probate matters.
4Under current law, Code section 633.31(2)(k) provides a
5sliding scale fee for services performed in connection with the
6settlement of an estate based upon the value of the decedent’s
7estate. The bill provides that joint tenancy property,
8property transfers made during the person’s lifetime, and
9assets payable to beneficiaries are to be excluded from the
10value of the decedent’s estate for purposes of determining the
11fee, described as court costs in the bill, unless the proceeds
12of such assets are payable to the estate.
13Additionally, the bill provides that the court costs due
14to the clerk pursuant to Code section 633.31(2)(k) shall not
15be charged on any property transferred to an estate from a
16conservatorship that has been administered in Iowa and for
17which court costs have been assessed and paid.
18The bill applies to estates of decedents dying on or after
19January 1, 2018.
-3-jh/rj